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Full text of "Laws of the State of Illinois"

WESTERN ILLINOIS UNIVERSITY LIBRARY 

ILLIN0IS.348ILLI 

ILX C001 

LAWS OF THE STATE OF ILLINOIS! SPRINGFIE 



3 1711 00532 7338 




SHELVED m LAW COULECTfOM 



DOCUMEIMTS COLLECTlOfSI 
Do Not Take From This Room 



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'i-(r; Z t '"'-' 



LATS^S 



State o p Illinois 



ENACTED BY THE 



Forty-Fourth General 
Assembly 



Regular Biennial Session 



Begun and Held at the Capitol, in the City of Springfield, 

ON the Fourth Day of January, A. D. 1905, and 

Adjourned sine die on the Sixth 

Day of May, A. D. 1905 



Printed by Authority of the General Assembly 
OF the State of Illinois 



DOCUAfENTS LIBRARY 
JESTERN ILLJAOIS UNIV, 
JttACOMB, ILLINOIS 

SPRINGFIELD: CCD 

Illinois State Journal Co., State Printers Oti j t 1971 



Digitized by the Internet Archive 

in 2011 with funding from 

CARL!: Consortium of Academic and Research Libraries in Illinois 



http://www.archive.org/details/lawsofstateofill1905illi 



TABLE OF CONTENTS. 



Administration of Estates: Page. 

An act concerning investments by trustees 1 

An act to amend section 6 of an act entitled, ' "An act in regard to the administration 

of estates," approved April 1, 1872, and in force July 1, 1872 2 

An act entitled an act to amend section 18 of an act entitled, ' 'An act in regard to 

the administration of estates, " approved April 1, 1872, in force July 1, 1872 2 

Animals and Birds: 

An act to prevent the shooting of live pigeons, fowl or other birds for amusement or 
as a test of skill in marksmanship 4 

An act to amend section 1 of "An act to secure the enforcement of the law for pre- 
vention of cruelty to animals," approved May 25, 1877, in force July 1, 1877, as 
amended by act approved June 30, 1885, in force July 1, 1885 4 

An act to amend section 3 of an act entitled, ' 'An act in relation to domestic animals 
running at large within the State of Illinois," approved June 21, 1895, in force Julj' 
1, 1895 5 

Appropriations: 

An act to provide for improvements in the Adjutant General's office 5 

An act making an appropriation for the State Board of Agriculture and county and 
other agricultural fairs 6 

An act making appropriation for the State Board of Agriculture, to be used in the 
construction of permanent buildings and improvements, and for beautifying the 
State fair grounds at Springfield, 111 7 

An act to extend the equipment and increase the instruction in the College of Agri- 
culture and to provide for the extension of the Agricultural Experiment Station 
and to make appropriations therefor, with the intent of equipping said college and 
station for instruction and investigation of the highest order along principal lines 
of agriculture 8 

An act to make an appropriation for the payment of amounts awarded by the Court 
of Claims to certain persons named therein 11 

An act making an appropriation for the Illinois State Bee Keepers' Association 11 

An act making an appropriation for the expenses of the Board of Prison Industries 
of Illinois 12 

An act making appropriations for the State charitable institutions herein named 13 

An act making an appropriation for the ordinary and other expenses of the State 
charitable institutions herein named 18 

An act to appropriate $1, 500.00 for the Illinois Dairymen's Association 20 

An act making an appropriation for the purpose of repairing and refurnishing the 
executive mansion 20 

An act to provide for the participation of the State of Illinois in the Jamestown Ter- 
centennial Exposition, to be held on Hampton Roads, in the State of Virginia, 
during the year 1907, in commemoration of the first permanent settlement of Eng- 
lish-speaking people in America, and for an appropriation to pay the costs and 
expenses of the same 21 

An a^t to provide for the participation of the State of Illinois in the Lewis and Clark 
Centennial and American- Pacific Exposition and Oriental Fair 23 

An act making an appropriation for the Illinois Farmers' Institute and County 
Farmers' Institutes 25 

An act to make an appropriation for the benefit, aid and maintenance of the Illinois 
Firemen's Association 26 

An act making an appropriation to meet a deficiency in the expenses for returning 
fugitives from justice 27 

An act making an appropriation for the payment of the committee expenses of the 
44th General Assembly 28 



IV CONTENTS. 



Appropriations— C"£>«/wMerf. Page. 

An act making appropriations for the payment of employes of the 44th General As- 
sembly ■ -° 

An act to provide for the incidental expenses of the 44th General Assembly of the 
State of Illinois, and for the care and custody of the State House and grounds, to be _^ 
incurred and now unprovided for -9 

An act making an appropriation for the payment of the officers and members of the 
next General Assembly, and for salaries o"f the officers of the State government 29 

An act to establish and create at the University of Illinois, the bureau to be 
known as a State Geological Survey, defining its duties and providing for the pre- 
paration and publication of its reports and maps to illustrate the natural resources of 
the State, and making appropriation therefor 30 

An act to appropriate $5, 000 for the Illinois Grant Home Association 32 

An act making appropriation for procuring documents, papers and materials and 
publications relating to the Northwest and the State of Illinois — 33 

An act to provide for the visitation of children placed in family homes 34 

An act making an appropriation in aid of the Illinois State Horticultural Society 37 

An act to provide for the treatment and care of poor persons afflicted with the disease 
called rabies 38 

An act to make an appropriation to pay the amount due on one bond, numbered 724, 
of the class of State bonds known as "Illinois and Michigan Canal Stock, " issued 
under an act to fund State scrip, approved Feb. 22,3847 39 

An act making an appropriation for the maintenance of navigation in and along 
such portions of the Illinois river as are under the jurisdiction of the canal commis- 
sioners 39 

An act to provide for the appointment of an internal improvement commission and 
to make an apr^ropriation therefor 40 

An act making an appropriation for the Illinois Live Stock Breeders' Association — 41 

An act to make an appropriation to the State Milk Producers' Institute. An act to 
appropriate $1,000 for the Milk Producers' Institute of Illinois 41 

An act to provide for the erection of a monument on Campbell'^ island, Rock Island 
county, Illinois, and making an appropriation therefor 42 

An act to make an appropriation for the erection and maintenance of a suitable mon- 
ument near the village of Harding, in the county of LaSalle and State of Illinois, to 
the memory of the 16 men. women and children who were there massacred by the 
hostile Indians under the Chief Blackhawk, on the 21st day of May, A. D. 1832 42 

An act to repair the monument of General John J. Hardin, at Jacksonville, Illinois, 
and appropriating money therefor 43 

An act to provide for the re-appropriation of the unexpended balance of funds ap- 
propriated in and by an act entitled, ' 'An act to provide for the erection of monu- 
ments and markers to commemorate the services and mark the positions of Illinois 
Volunteers in the campaign and seige of Vicksburg, Mississippi, and making ap- 
propriation therefor," approved May 14,1903, in force July 1, 1803; and also to make 
additional appropriation for the completion of said monuments and markers men- 
tioned in said act, and for the dedication thereof, and for the compilation and pub- 
lication of a report thereof and of the acts and doings of the commission thereby 
created 44 

An act to provide for the ordinary and contingent expenses of the Illinois National 
Guard and Illinois Naval Reserve 45 

An act to provide for the purchase of uniforms and ponchos, and for repairs, clean- 
ing, etc., for the Illinois National Guard and Illinois Naval Reserve 46 

An act making an approrprlation for the Southern Illinois Penitentiary and to enable 
the commissioners thereof to keep the convicts in said penitentiary employed 47 

An act to make an appropriation for ordinary and other expenses of the Illinois 
Penitentiary at Joliet 48 

An act to make appropriations for ordinary and other expenses of the Illinois State 
Reformatory at Pontiac 49 

An act making an appropriation for the Illinois State Poultry association 50 

An act making at^propriations for a deficiency in the appropriations for the payment 
of printing and binding for the State 51 

An act making an appropriation to meet the deficiency in the money appropriated to 
pay for printing paper and stationery under contract by the State of Illinois 52 

An act to make an appropriation for Zerilda A. Atkinson, widow of William Atkin- 
son, deceased 52 

An act making appropriations for the ordinary expenses of State educational institu- 
tions herein named 53 

An act making appropriations for the State educational institutions herein named 54 

An act making appropriations for the University of Illinois .56 



CONTENTS. 



Appropriations— Co)ic/i/ded. Page . 

An act appropriating to the University of Illinois the money granted in an act of 
Congress, approved August 30, 1890, entitled, "An act to apply a portion of the 
proceeds of the public lands to the more perfect endowment and support of the col- 
leges for the benefit of agriculture and mechanic arts, established under the provis- 
ions of an act of Congress, approved July 2, 1862." 58 

An act making an appropriation to complete the Western Illinois State Normal 
school building 58. 

An act making an appropripiion to the Secretary of State, as custodian of the capitol 
building, for the purpose of fitting up new offices for the Attorney General of the 
State and for other departments of the State government which said Secretary of 
State is required by law to furnish offices SS 

An act to provide for the repair of the State capitol building at Springfield, Illinois, 
and making appropriations therefor 59 

An act to provide for the ordinary and contingent expenses of the State government 
until the expiration of the fiscal quarter after the adjournment of the next regular 
session of the General Assembly 60 

An act to establish a State Highway Commission, defining the duties thereof and to 
make an appropriation for experimental purposes 74 

An act creating a commission and providing for the construction of a building for the 
use of the Department of Justice of tlie State of Illinois, and for securing a site, 
and making an appropriation for such building and site 76 

An act making an appropriation for the painting of a portrait of ex-Governor Richard 
Yates 78 

Architects: 

An act to amend section eight (8) of ' 'An act to provide for the licensing of architects 
and regulating the practice of architecture as a profession," approved June 3, 1897, 
in force July 1, 1897 78 

An act to amend section two (2) of an act entitled, ' 'An act creating the office of su- 
pervising architect of the State of Illinois and defining his powers and duties." 79 

Assignments: 

An act in relation to the assignment of wages, income or salary 79 

Canals and rivers: 

An act to amend section eight of an act entitled, ' 'An act to revise the law in relation 
to the Illinois and Michigan canal and for the improvement of the Illinois and 
Little Wabash rivers," approved March 27. 1874, in force July 1, 1874, as amended 
by an act approved June 19. 1891, in force July 1, 1891, as amended by an act ap- 
proved April 21, 1899, in force July 1, 1899 81 

Cemeteries: 

An act to amend an act entitled, "An act to enable cities and villages to establish and 
regulate cemeteries," approved March 24, 1874, amended by an act approved May 
25, 1877, in force July 1, 1877, amended by an act approved June 14, 1883, in force 
July 1, 1883, by adding thereto the following to be designated as section SJ-g 83 

An act to amend "An act to provide for the organization, ownership, management 
and control of cemetery associations," approved May 14, 1903, in force July 1, 1903, 
by adding thereto six new sections, to be numbered 15, 16, 17, 18, 19 and 20 84 

Charities: 

An act to regulate the surrender, placing and transfer of children 86 

An act to amend section one (1) of an act entitled, "An act to regulate the State chari- 
table institutions and the State Reform School, and to improve their organization 

and to increase their efficiency," approved April 15, 1875, in force July 1, 1875 87 

An act to amend section 3 of an act entitled, "An act to establish a home for delin- 
quent boys," approved May 10, 1901, in force July 1, 1901, changing the name of 
said home 87 

Cities, Towns and Villages: 

An act to legalize certain elections held under "An act to provide for the incorpora- 
tion of cities and villages," approved April 10, 1872, in force July 1, 1872 88. 

An act concerning the classified civil service of the county of Cook 89- 

An act entitled, "An act to amend sections 1, 2, 3, 4, 5 and 6 of an act to provide addi- 
tional means for the construction of sidewalks in cities, towns and villages," 
approved April 15, 1875, in force July 1, 1875, and to add two new sections thereto to 
be known as sections 7 and 8 89* 



VI CONTENTS. 



Cities, Towns and Nwa.kg'e.^— Concluded. Page. 

An act to amend the title and sections one (1), two (2), three (3), four (4), six (6) and 
seven (7) of an act entitled, "An act to enable cities and villages to buy or construct 
Waterworks, and to provide for the managrement thereof, and giving them authority 
to levy an annual tax, and to pledge the same in payment therefor," approved 
April 19, 1899. in force July 1, 1899 94 

An act to provide for the formation and disbursement of a municipal employes 
pension fund in cities having a population exceeding one hundred thousand 
inhabitants 96 

An act to amend section 1 of an act entitled, "An act to enable cities, towns, and 
villages organized under any general or special law to levj' and collect a tax or 
license fee from foreign fire insurance companies for the benefit of organized fire 
departments," in force July 1, 1895, as amended April 24, 1901 100 

An act to amend section 4 of an act entitled, "An act concerning local improve- 
ments," approved June 14, 1897, and as amended by an act of the General Assembly 
of the State of Illinois approved April 19, 1899, and in force July 1, 1899 101 

An act to amend section 37 of an act entitled, "An act concerning local improve- 
ments," approved June 14, 1897, in force July 1, 1897 102 

An act to amend section 59 of an act entitled, "An act concerning local improve- 
ments," approved June 14, 1897, in force July 1, 1897, as amended by an act passed 
May 9, 1901 103 

An act to amend sections 2 and 3 of an act entitled, "An act to vest the corporate 
authorities of cities and villages with power to construct, maintain and keep in 
repair drains, ditches, levees, dykes, and pumping works for drainage purposes, by 
special assessment upon the property benefitted thereby," approved June 22, 1885, 
in force July 1, 1885, and to add another section to said act to be known as section 
4 thereof 104 

An act to amend an act entitled, "An act to provide for the incorporation of cities 
and villages," approved April 10, 1872, as amended by subsequent acts 105 

An act to confer upon the city of Chicago the power and authority to sell surplus 
electricity and to fix the rates and charges for the supply of gas and electricity for 
power, heating and lighting furnished by any individual, company or corporation 
to said city of Chicago and the inhabitants thereof 110 

An act concerning suits at law for personal injuries and against cities, villages and 
towns Ill 

An act in relation to the office of clerk in villages and incorporated towns 112 

An act to amend sections eleven (11) and twelve (12) of article eleven (11) of an act 
entitled, "An act to provide for for the incorporation of cities and villages," 
approved April 10, 1872, in force July 1,1872 112 

Civil Service: 

An act to regulate the civil service of the State of Illinois 113 

Clerks of Courts: 

An act entitled, "An act to amend section six (6) of an act entitled, 'An act to revise 
the law in relation to clerks of courts,' approved March 25, 1874, in force July 1, 
1874, " and acts amendatory thereto 122 

Corporations : 

An act concerning the property of posts of the Grand Army of the Republic, and to 

provide for the care and preservation thereof , 123 

An act entitled, ' 'An act to regulate the admission of foreign corporations for profit, 
to do business in the State of Illinois" 124 

An act to amend an act entitled, ' 'An act to require every foreign corporation doing 
business in this State to have a public office or place in this State at which to tran- 
sact its business, subjecting it to a certain condition, and requiring it to file its arti- 
cles or charter of incorporation with the Secretary of State, and to pav certain taxes 
and fees thereon," approved May 26, 1897, in force July 1, 1897, and various acts 
amendatory thereof, by amending section 4 128 

An act to restore charters of all corporations organized not for pecuniary profit, in- 
cluding religious corporations, existing by virtue of any general or special law of 
this State prior to July 1, 1903 ,. 129 

An act entitled, "An act to amend sections 2 and 4 of an act entitled, 'An act con- 
cerning corporations, ' approved April 18, 1872, in force July 1, 1872, as amended by 
an act approved April 21, 1899, in force July 1, 1899" 130 

Counties: 

An act to enable county boards to issue the bonds of their respective counties for the 
purpose of paying outstanding indebtedness of such counties, and to provide for 
the submission of the question of issuing such bonds to a vote of the voters of such 
counties. 132 



CONTENTS. VII 



COVSTl'ES— Concluded. PAGE. 

An act to amend section thirty-four (34) of an act entitled, ' 'An act to revise the law 
in relation to counties, " approved and in force March 31, 1874 134 

An act to amend section sixty-one (61) of an act entitled, "An act to revise the law in 
relation to counties, " approved March 31, 1874, as amended by acts of May 20, 1879, 
June 14, 1887, and June 26, 1895 135 

Courts: 

An act to provide for the holding of a branch circuit court in each county of this State 
at the same time the regular term of the circuit court is being held in and for such 
county; and to provide for the proceedings to be had in such courts 146 

An act to amend section one of an act entitled, "An act to authorize the judges of the 
circuit courts to appoint short-hand reporters for the takmg and preservation of evi- 
dence, and to provide for their compensation," approved May 31, 1887, in force 
July 1, 1887 147 

An act to provide one additional term of the circuit court in the county of Saline.- 148 

An act to amend section five (.5) of an act entitled, ' 'An act to amend an act concern- 
ing circuit courts, and to fix the time for holding the same in the several counties 
in the judicial circuits of the State of Illinois, exclusive of the county of Cook;" 
approved May 24, 1879, in force July 1, 1879, approved June 11, 1897, in force July 
1, 1897, and as further amended May 13, 1903, in force July 1, 1903 148 

An act to amend sections 18 and 29 of an act entitled, ' 'An act to extend the jurisdic- 
tion of county courts, and to provide for the practice thereof, to fix the time of 
holding the same, and to repeal an act therein named," approved March 26, 1874, in 
force July J, 1874 149 

An act to amend section 23 of an act entitled, ' 'An act to extend the jurisdiction of 
county courts and to provide for the practice thereof, to fix the time for holding the 
same, and to repeal an act therein named," approved March 26, 1874, in force July 
1, 1874, and as amended by an act approved and in force May 27, 1881 150 

An act to amend section 32 of an act entitled, ' 'An act to extend the jurisdiction of 
county courts and to provide for the practice thereof, to fix the time of holding the 
same, and to repeal an act therein named," approved March 26, 1874, in force July 
1. 1874 150 

An act to amend section 103 of an act entitled, ' 'An act to extend the jurisdiction of 
county courts and to provide for the practice thereof, to fix the time of holding the 
same, and to repeal an act therein named," approved March "26, 1874, in force July 
1, 1874, as amended by an act approved and in force May 27, 1881 151 

An act to amend section 6 of an act entitled, ' 'An act to regulate the treatment and 
control of dependent, neglected and delinquent children, approved April 21,1899, 
inforce July 1, 1899 151 

An act to amend sections 1, 4, 5, 7, 9, 10 and 20 of an act entitled, "An act to regu- 
late the treatment and control of dependent, neglected and delinquent chil- 
dren, " approved April 21, 1899, in force July 1, 1899, and as amended by an act approved 
May 11, 1901, and in force July 1, 1901 152 

An act in relation to a municipal court in the city of Chicago 158 

An act to extend the jurisdiction of probate courts and county courts having pro- 
bate jurisdiction so as to include the complete administration of testate estates 186 

An act to amend section six of ' 'An act to establish probate courts in all counties 
having a population of seventy thousand (70,000) or more, to define the jurisdic- 
tion thereof, and to regulate the practice therein, and to fix the time for holding 
the same," approved April 27, 1877, in force July i, 1877, as amended by an act ap- 
proved May 21, 1881, in force July 1, 1881 188 

Criminal Code: 

An act for the punishment of crimes against children 188 

An act to provide for the punishment of persons responsible for, or directly promot- 
ing or contributing to, the conditions that render a child dependent, neglected or 
delinquent, and to provide for suspension of sentence and release on probation in 

such cases 189 

An act to prevent and punish frauds in the practice of law 190 

An act to suppress mob violence 190 

An act for the prevention of policy-playing 192 

An act to amend section two hundred and thirty-seven (237) of division one (1) of an 
act entitled, ' 'An act to revise the law in relation to criminal jurisprudence," ap- 
proved March 27, 1874, as amended by an act entitled, "An act to amend section 
two hundred and thirty-seven (£37) of division one (1) of an act entitled, 'An act to 
revise the law in relation to criminal jurisprudence,' approved March 27. 1874, in 
force July 1, 1874," amended by act approved June 9, 1887, in force July 1, 1887. . .. 193 



VIII CONTENTS. 



Divorce: Page. 

An act to amend an act entitled, ' 'An act to revise the law in relation to divorces, " 
approved March 10, 1874, in force July 1, 1874, by adding thereto section la 194 

Drainage: 

An act to authorize certain drainage and levee districts to acquire, maintain and 
operate dredge boats for the construction and preservation of drains, ditches and 
levees 195 

An act to amend section 76 of an act entitled, ' 'An act to provide for drainage for 
agricultural and sanitary purposes and to repeal certain acts therein named, " ap- 
proved June 27, 1885, in force Julyl, 1885, as amended by act approved May 11, 
1901, in force Julyl, 1901 195 

An act to provide for the erection, maintenance and operation of pumping plants in 
certain drainage and levee districts and to legalize and validate former proceed- 
ings, bond issues, indebtedness and expenditures in regard to, on account of, or 
with a view to the erection, maintenance and operation of such pumping plants 197 

An act to amend sections three (3) and four (4) of an act entitled, "An act to create 
sanitarv districts, and to remove obstructions in the Desplaines and Illinois 
rivers," approved May 29, 1889, in force July 1, 1889 198 

An act to amend and revise section 1 of an act entitled, "An act to create sanitary 
districts and to remove obstructions in the Desplaines and Illinois rivers." ap- 
proved May 29,1889, in force July 1,1889 199 

Elections : 

An act to amend sections 32, 33 and 37 of an act entitled, ' 'An act in regard to elec- 
tions, and to provide for filling vacancies in elective offices." approved April 3,1872, 
in force July 1,1872, as amended by act approved June 3, 1897, in force July 1, 1897, 
and an act approved June 22, 1885, in force July 1, 1885, respectively 202 

An act to dispense with individual tally marks in canvassing the so-called ' 'straight 
tickets" at all elections hereafter held in this State ; and concerning the duties of the 
clerks in the canvass of votes at such election 205- 

An act to amend section 17 of an act entitled, "An act to provide for the printing and 
distribution of ballots at public expense and for the nomination of candidates for 
public offices, to regulate the manner of holding elections and to enfore the secrecy 
of the ballot," approved June 22. 1891, in force July 1,1891 206 

An act to amend section 7 of an act entitled, "An act to provide for the printing and 
distribution of ballots at public expense, and for the nomination of candidates for 
public offices, to regulate the manner of holding elections, and to enforce the sec- 
recy of the ballot," approved June 22, 1891, in force July 1,1891 208 

An act to amend an act entitled, ' 'An act to provide for the printing and distribution 
of ballots at public expense, and for the nomination of candidates for public offices, 
to regulate the manner of holding elections, and to enforce the secrecy of the bal- 
lot," approved June 22, 1891, in force July 1,1891, and amendments thereto, by adding 
thereto a section to be known as section 5Ja 208 

An act to amend section thirty-four (34) of an act entitled, ' 'An act to provide for the 
printing and distribution of ballots at public expense, and for the nomination of can- 
didates for public offices, to regulate the manner of holding elections, and to en- 
force the secrecy of the ballot," approved June 22, 1891, in force July 1,1891 210 

An act to provide for the holding and regulation of primary elections 213 

Fees and Salaries: 

An act to amend section 27 of an act entitled, "An act concerning fees and salaries 
and to classify the several counties of this State with reference thereto, approved 
March 29, 1872, in force July 1,1872, title as amended by act approved March 28, 1874, 
in force July 1,1874 260 

An act to provide for the fees of certain officers therein named in counties of the third 
class, to- wit: Sheriff, recorder and county clerk 261, 

An act entitled, "An act to amend section fourteen (14) of an act entitled, 'An act con- 
cerning fees and salaries and to classfy the several counties of this State with refer- 
ence thereto,' approved March 29, 1872, and acts amendatory thereto; title as amend- 
ed by act approved March 26, 1874, in force July 1,1874 264 

An act to amend sections 17 and 19 of an act entitled, "An act concerning fees and 
salaries, and to classify the several counties of this State with reference^thereto, " 
approved March 29, 1872, in force July 1, 1872; title as amended by act approved 
M arch 28. 1874, in force Julyl, 1874 ". 266- 

An act to amend an act entitled, ' 'An act concerning fees and salaries, and to classify 
the several counties of this State with reference thereto," approved March 29, 1872, 
in force July 1,1872; as amended by act approved June 16, 1887, in force July 1,1887.. 270 

An act entitled, "An act to provide for and fix the salary of the judges of the Supreme 
Court 27L 



CONTENTS. IX 



Fish AND Game: Page. 

An act to amend sections 4 and 7 of an act entitled, "An act to encourage the prop- 
agation and cultivation and to secure the protection of fishes in all the waters under 
the jurisdiction of the State of Illinois," approved June 11,1897, in force July 1,1897, 
as amended by an act approved May 13, 1903, in force July 1,1903 271 

An act entitled, "An act to amend an act entitled, 'An act to encourage the prop- 
agation and cultivation and to secure the protection of fishes in all the waters under 
the jurisdiction of the State of Illinois,' approved June 11, 1897, in force July 1,1897, 
and acts amendatory thereof, by adding section 18a thereto" 272 

An act entitled, "An act to amend sections one (1), two (2), six (6), sixteen (16), 
eighteen (18), twenty-three (23), twenty-five (25) and thirty-two (32) of an act enti- 
tled, 'An act for the protection of game, wild fowl and birds, and to repeal certain 
acts relating thereto,'" approved April 28,1903, in force July 1,1903 273 

Forestry: 

An act to provide for the creation of forest preserve districts 279 

Frauds and Perjuries: 

An act entitled, ' 'An act to prevent sales of merchandise in fraud of creditors" 284 

Garnishment: 

An act to subject the salary and wages of officers and emjiloyes of counties, cities, vil- 
lages, school districts and departments of either thereof to garnishment and attach- 
ment 285 

Guardians and Wards : 

An act to amend an act entitled, "An act in regard to guardians and wards," ap- 
provtd April 10,1872, in force July 1,1872, [by amending section 22] . . 287 

Insurance: 

An act to amend an act entitled, "An act to incorporate and to govern casualty insur- 
ance companies and to control such companies of this State and of other states 
doing business in the State of Illinois, and providing and fixing the punishment for 
violation of the provisions thereof, and to repeal all laws now existing which con- 
flict therewith, " approved April 21, 1899, in force July 1, 1899, by the addition thereto 
of a new section to be known as section 12a 288 

An act authorizing fire insurance companies to insure sprinklers, pumps or other fire 
apparatus, and also to insure against loss or damage by the same 290 

An act to amend section 12 of an act entitled, ' 'An act to provide for the organization 
and management of fraternal beneficiary societies for the purpose of furnishing life 
indemnity or pecuniarj' benefits to beneficiaries of deceased members or accident 
or permanent indemnity disability to members thereof ; and to control such socie- 
ties of this State and of other states doing business in this State, and providing and 
fixing the punishment for violation of the provisions thereof," approved and in 
force June 22, 1893, as amended by an act approved and in force May 27, 1897 291 

An act to provide for the organization and management of mutual insurance corpor- 
ations for the purpose of furnishing insurance and indemnity against loss to mem- 
bers in consequence of accidents or casualties io any employe, person or persons 
occurring in or connected with the business of members thereof; and to control 
such corporations of this State and other states doing business in this State and pro- 
viding and fixing the punishment for violation of the provisions thereof 293 

An act to amend an act entitled, ' 'An act to give contiguous territory the right to 
become incorporated with township insurance companies," approved May 31,1881, 
and in force July 1.1881 304 

An act to amend an act entitled, "An act to authorize the consolidation of township 
insurance companies," approved June 21, 1895, and in force July 1, 1895 305 

An act to amend an act entitled, "An act to revise the law in relation to township 
insurance companies," approved March 24, 1874, in force July 1,1874 305 

Jurors: 

An act to amend section 4 of an act entitled, ' 'An act concerning jurors and to repeal 
certain acts therein named. " approved and in force Feb. 11,1874, as amended by act 
approved May 11,1901, in force July 1,1901 306 

Landlord and Tenant: 

An act to amend "An act to revise the law in relation to landlord and tenant," ap- 
proved May 1,1873, in force July 1,1873, by adding thereto an additional section, to 
be known as section 35 307 



— B L 



CONTENTS. 



Libraries: Page. 

An act to amend sections 10 and 11 of an act entitled, "An act to authorize cities, in- 
corporated towns and townships to estabUsh and maintain free public libraries and 
readinar rooms," approved and in force March 7, 1872, as amended bj"^ an act ap- 
proved May 13, 1903 307 

An act to provide for the formation and disbursement of a public library employes' 
pension fund in cities havingr a population exceeding 100,000 inhabitants 309 

An act to enable boards of directors of public libraries to borrow money for the erec- 
tion or improvement of library buildings or to purchase library sites 313 

Marriages: 

An act to amend sections three (3), four (4), six (6), thirteen (13) and fifteen (15) of an 
act entitled, ' 'An act to revise the law in relation to marriages, " approved Feb. 27, 
1874, in force July 1, 1874 317 

Medicine and Surgery: 

An act to regulate the practice of dental surgery and dentistry in the State of Illinois, 
and to repeal an act therein named 319 

Militia: 

An act to authorize the construction of a building for an armory and boat house at 
Chicage for the Illinois Naval Reserve 323 

Mines and Mining: 

An act to amend sectiion eighteen (18), paragraph a, of an act entitled, "An act to 
revise the laws in relation to coal mines, and subjects relating thereto, and provid- 
ing for the health and safety of persons employed therein, " approved April 18,1899, 
in force July 1, 1899 324 

An act to amend section eleven (11) of an act entitled, "An act to revise the laws in 
relation to coal mines, and subjects relating thereto, and providing for the health 
and safety of persons employed therein," auproved April 18,1899, in force Julvl, 
1899 '. .'. . . 325 

An act to amend section seven (7) of an act entitled. ' 'An act to revise ttie laws in 
relation to coal mines, and subjects relating thereto, and providing for the health 
and safety of persons employed therein," approved April 18, 1899, in force July 1, 
1899 325 

An act to amend section twenty-two (22) of an act entitled, "An act to revise the 
laws in relation to coal mines and subjects relating thereto, and providing for the 
health and safety of persons employed therein," approved April 18,1899. in force 
July 1, 1899 326 

An act in relation to sinking, filling and operating of oil or gas wells 326 

An act providing that operators of mines shall furnish shot firers in mines where 
shooting and blasting is done 328 

An act to amend section 23 of an act entitled, ' 'An act to revise the laws in relation to 
coalmines, and subjects relating thereto, and providing for the health and safety 
of persons employed therein," approved April 18, 1899, in force July 1, 1899 [be 
amended so as to read as follows :] 3*29 

An act to amend section ten ( 10) of an act entitled, "An act to revise the law in rela- 
tion to coal mines and subjects relating thereto, and providing for the health and 
safety of persons employed therein." 330 

Mortgages: 

An act to amend an act entitled, ' 'An act to revise the law in relation to mortgages of 
real and personal property," approved March 26, 1874, as amended by subsequent 
acts 331 

Negotiable Instruments: 

An act to amend section 17 of an act entitled "An act to revise the law in relation to 
promissory notes, bonds, due bills, and other instruments in writing," approved 
March 18, 1874, in force July 1, 1874, as amended by act approved June 4. 1895, in 
force J uly 1, 1895 332 

Parks and Boulevards: 

An act to enable park commissioners to issue bonds for the purpose" of acquiring and 
improving public parks, and to provide for the payment of such bonds 333 

An act to enable park commissioners to issue bonds for the completion, improvement 
and maintenance of public parks and boulevards under their control, and to provide 
a tax for the payment of the same 334 

An act to ametid an act entitled, ' 'An act to enable park commissioners to maintain 
and govern parks and boulevards under their control," approved June 17, 1893, in 
force July 1, 1893 335 



CONTENTS. ■ Xr 



Parks and BovL^yAuvs—Coin/uded. Page. 

An act to amend an act entitled, ' "An act to enable park commissioners to maintain 
and govern parks and boulevards under their control," approved June 17,1895, in 
force July 1, 1895 336 

An act to amend sections 1, 2, 3 and 4 of an act entitled, "An act in regard to the 
completion, improvement and management of public parks, and boulevards, and 
to provide a more efiicient remedy for the collection of delinquent assessments," 
approved May 2, 1873, in force July 1, 1873, and all amendments thereto 337 

An act to enable park commissioners to issue bonds to raise funds for the acquisition 
and improvement of small parks and pleasure gronnds, and to provide a tax for the 
payment of the same 340* 

An act to amend section 11 of an act entitled, ' "An act to provide for the organization 
of park districts and the transfer of submerged lands to those bordering on naviga- 
ble bodies of water," approved June 21, 1895, in force July 1. 1895 311 

An act to amend an act entitled. "An act to enable park commissioners to maintain 
and govern parks, boulevards, driveways, promenades and pleasure grounds under 
their control " approved April 21, 1899, in force July 1, 1899, as amended by an act 
approved May 14, 1903,, in force July 1, 1903 ." 342 

Paupers: 

An act to amend section twenty -four (24) of an act entitled, ' 'An act to revise the 
law in relation to paupers, " approved March 23, 1874, in force July 1, 1874 343 

Penitentiaries : 

An act authorizing and empowering the employment of convicts and prisoners in 
the penal and reformatory institutions of the State of Illinois in the manufacture of 
tile and culvert pipe for road drainage purposes, and in the manufacture of ma- 
chinery, tools and appliances for the building, maintaining and repairins^ of the 
wagon roads of the Stste, and for preparing road building and ballasting material, 

upon the requisition of the State Highway Commission 344 

An act to amend sections three (3), five (,5), six (6), seven (7), eight (8), nine (9), ten 
(10), eleven (11). twelve (12), fourteen (14), fifteen (15) and sixteen of an act en- 
titled, "An act to regulate the employment of convicts and prisoners in the penal 
and reformatory institutions of the State of Illinois, and providing for the disposi- 
tion of the products of their skill and industry," approved May 11, 1903, in force 
July 1 , 1903 345. 

Railroads: 

An act entitled, "An act providing for the inspection of equipment and operation of 
safety appliances on railroads engaged in moving traffic between points in the 
State of Illinois." 34^ 

An act to promote the safetj' of employes and travelers upon railroads by compelling 
common carriers engaged in moving traffic by railroad between points in the State 
of Illinois to equip their cars with automatic couplers and continuous brakes and 
their locomotives with driving wheel brakes, and for other purposes. 350' 

Recorders: 

An act entitled, ' 'An act to amend section nine (9) of an act entitled, 'An act to re- 
vise the law in relation to recorders,' approved March 9. 1874, in force July 1, 1874, 
and acts amendatory thereof." 352 

Revenue: 

An act to amend sections one (li, three (3), thirty-two (.32) and one hundred and 
eight (108) of an act entitled, "An act for the assessment of property and for the 
levy and collection of taxes," approved March 30,1872, in force July 1,1872, as here- 
tofore amended 3.53 

An act to amend section 13 of an act entitled, ' 'An act for the assessment of property 
and for the levy and collection of taxes," approved March 30, 1872, and in force 
July 1,1872 3.56 

An act to amend section 2 of an act entitled, "An act for the assessment of property 
and for the levj' and collection of taxes," approved March 30,1872, and in force July 
1 , 1872 357 

An act to provide for the necessary revenue for State purposes 358 

An act to make legal and valid the acts of the county board heretofore done in de- 
terminii g the amounts of all taxes to be raised for county purposes in their re- 
spective counties, and to make legal and valid the levy of taxes for county purposes 
thereunder 359 

An act to amend sections thirteen (13), fourteen (14), twenty-nine (29), thirty-five 
(35) and forty-three (43) of an act entitled, "An act for the assessment of property, 
and providing the means therefor, and to repeal a certain act therein named," ap- 
proved February 25. 1898, in force Julv 1,1898, and section ten (10) thereof as amended 
by act of May 14,1903 '. 3G0 

An act to amend section 2 of an act entitled, ' 'An act concerning the levy and exten- 
sion of taxes, " approved May 9, 1901, in force July 1,1901 £65 



XII - CONTENTS. 



Roads and Bridges: Page. 

An act to amend section 66 of an act entitled, ' 'An act in regard to roads and bridges 
in counties under township organization, and to repeal an act and parts of acts 
therein named," approved June 23, 1883, in force July 1,1883 367 

An act to amend section sixty-four (6i) of "An act to provide for the organization of 
road districts, the election and duties of oflScers therem,and in regard to roads and 
bridges. in counties not under township organization, and to repeal an act and parts 
of acts therein named," approved IVlay 4,1887, in force July 1,1887 368 

An act to amend an act entitled, ' '^n act to authorize the construction and mainten- 
ance of gravel, rock, macadam, or other hard roads. '" approved June 18, 1883, in force 
July 1,1883, by adding a new section thereto, to be known as section I6I-2 369 

An act to amend section fifty-nine (59) of an act entitled, "An act in regard to roads 
and bridges in counties under township organization and to repeal an act and parts 
of acts therein named," approved June 23, 1S83, in force July 1,1883 369 

An act entitled, "An act to enable commissioners of highways in counties under 
township organization to straighten water courses m the construction of public 
roads" 370 

Schools: 
An act to amend sections one (1) and four (4) of an act entitled, "An act to authorize 
certain school districts to issue bonds for certain purposes, " approved and in force 
May 10, 1901 371 

An act to authorize school districts to establish and maintain classes for crippled child- 
ren in the public schools 372 

An act authorizing school districts to establish and maintain classes for the deaf in the 
public schools 373 

An act to amend section 8 of article 6 of an act entitled, ' 'An act to establish and main- 
tain a system of free schools," approved and in force JVIay 21, 1889 373 

An act to authorize the organization of high school districts 374 

An act to amend section 3, article 4, of an act entitled, "An act to establish and main- 
tain a s^'stem of free schools" approved and in force May '2l, 1889 378 

An act to provide scholarships for graduates of the eighth grade 379 

An act to provide for scholarships in the University' of Illinois 380 

An act to provide for the election of boards of inspectors in certain cases 381 

An act to repeal section 29, article 6, of an act entitled, "An act to establish and main- 
tain a system of free schools, " approved and in force May 21, 1889 383 

An act to amend section three (3) of article seven (vii) of an act entitled, "An act to 
establish and maintain a system of free schools, " approved and in force May 21, 1889, 
as amended by an act approved June 21, i89o, in force July 1, 1895 383 

An act to amend sections 2 and 7, article 7, of an act entitled, "An act to establish and 
maintain a system of free schools," approved and in force May 21, 1889 384 

An act to amend section 9 of article 7 of an act entitled, "An act to establish and main- 
tain a system of free schools, " approved and in force May 21, 1889 38.5 

An act to amend section .38 of article 3 of an act entitled, "An act to establish and main- 
tain a system of free schools, " approved and in force May 21, 1889, as amended by an 
act approved June 19, 1S91, in force July 1, 1891 386 

State Board of Health: 

An act to amend an act entitled, "An act to create and establish a board of health in the 
State of Illinois, " approved May 28, 1877, in force July 1, 1877, as ht-retofore amended, 
by adding thereto one new section, to be numbered section twenty (20) 387 

An act providing for the regulation of the embalming and disposal of dead bodies, for 
a system of examination, registration and licensing of embalmers, and imposing 
penalties for the violation of any of its provisions 388 

State Contracts: 
An act to amend sections 17, 20 and 21, of "An act to revise the law in relation to State 
contracts," approved March 31, 1874, in force July 1, 1874, as amended by an act ap- 
proved June 6, 1889, in force July 1, 1889, and an act approved April 21, 1899, in 

force July 1, 1899 391 

An act in relation to State contracts 393 

State Food Commissioner : 

An act to regulate the sale and analysis of concentrated feeding stuff's 393 

Township Organization: 

An act in relation to town halls 397 

An act to amend sections 1, 2 and 5 of an act entitled, "An act concerning town- 
ships lying vshollv within cities of more than .50,000 population," approved and in 
force Mav 11, 1901 397 



CONTENTS. XIII 



Joint Resolutions: Page. 

Adjournment, January 5 to January 9 399 

Adjournment, January 11 to January 17 399 

Adiournment, February 10 to February 14 399 

Adjournment, March 31 to Aprils 399 

Adjournment, Sine Die 400 

Arrangements for the inauguration of state ofRcers 400 

Canvass of election returns 400 

Civil war records— 2d regiment light artillery 400 

Drainage, senate bill No. 416 401 

Illinois and Michigan canal, sale of portion 401 

Inauguration of state officers 401 

Industrial insurance 401 

Journal of the first constitutional convention, 1818 402 

Kaskaskia, Wabash and Sangamon river improvement 403 

Lewis and Clark exposition, Portland, Oregon 403 

Lincoln monumental Wasliington, D. C 404 

Mississippi river improvement 404 

Mississippi river improvement 405 

Springfield & Northeastern railroad company, right of way granted 405 

Union county traction company, right of way granted 406 

Watseka& Kankakee traction railway company, right of way granted 407 



c L 



LAWS OF ILLINOIS. 



ADMINISTEATION OF ESTATES. 



INVESTMENTS BY TRUSTEES, 
g 1. Regulates the investment of trust funds. I Filed May 18,1903. 

An Act concerning ifivestments hi] trustees. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the Geiieral Assembly: That investments of trust 
fnnds by trustees may, when not otherwise provided by the will, deed, 
decree, gift, grant or other instrument creating or fixing the respec- 
tive trust, be in the bonds of the United States or of any of the 
states of the United States, or in first mortgages upon real estate in 
any state or in the bonds of any county, city or municipality in any 
state, or in the first mortgage bonds of any corporation of any state 
upon which no default in payment of interest shall have occurred, for 
a x^t^riod of five years, but no trustee shall be authorized by this act 
to invest trust funds in any bonds in which cautious and intelligent 
persons do not invest their own money and any trustee may continue 
to hold any investment received by him under the trust or any in- 
crease thereof. 

Filed May 18, 1905. 

This bi^l having remained with the Governor for a period of ten days (Sundays excepted) 
after the adjournment of the General Assembly and he not having filed it with his objections 
thereto in the office of the Secretary of State, it becomes a law in like manner as if he had 
signed it. 
Witness my hand this 18th day of May, A. D. 1905. 

James A. Rose, 

Secretary of State. 



ADMINISTEATION OF ESTATES. 



OATH OF ADMINISTEATORS AND EXECUTOES. 
§ 1. Amends section 6 of act of 1872. I Approved May 11, 1905. 

§ 6. Form of oath prescribed. | 

An Act to amend section 6 of an act entitled '■''An act in regard to 
the administration of estates,''' approved April 1, 1872, and in 
force July 1, 1872. 

Section 1. Be it enacted hy the People of the State of Illinois 
represented in the General Assembly : That section 6 of an act en- 
titled "An act in regard to the administration of estates," approved 
April 1, 1872. and in force July 1, 1872, be amended as follows: 

§ 6. Every executor or administrator with the will annexed shall 
at the time of proving the will and granting letters testamentary, or 
of administration, take and subscribe the following oath, to-wit: 

I do solemnly swear ( or affirm ) that this writing contains the true 
last will and testament of the within named A. B., deceased, so far as 
I know or believe: and that I will well and truly execute the same, by 
paying first the debts and then the legacies mentioned therein, as far 
as his goods and chattels will thereunto extend, and the law charge 
me; and that I will make a true and perfect inventory of all such 
goods and chattels, rights and credits as may come to my hands or 
knowledge belonging to the estate of the said deceased and render a 
fair and just account of my executorship, when thereunto required 
by law. to the best of my knowledge and ability; so help me God. 
Which said oath shall be administered by the clerk of the county 
court or any person qualified to administer oaths, and be attached to 
and form a part of the probate of said will. 

Approved May 11, 1905. 



who may administer estate. 

§ 1. Amends section 18, act of 1872. I Approved May 11, 1903. 

§ 18. Who may administer. | 

An Act entitled "-An act to amend section 18 of an act entitted An 
act in regard to the administration of estates''^ ', approved April 
1, 1872, in force July 1, 1872. 

Section 1. Be it enacted hy the People of the State of Illinois 
represented in the General Assembly: That section 18 of an act en- 
titled "An act in regard to the administration of estates," approved 
April 1, 1872, and in force July 1, 1872, and acts amendatory thereof, 
be and the same is hereby amended to read as follows: 

§ 18. Administration of the estate of all persons dying intestate 
shall be granted to some one or more of the persons hereinafter men- 
tioned and they are respectively entitled to preference thereto in the 
following order: 

1st. To the surviving husband or wife, or any competent person 
nominated by him or her. 



ADMINISTRATION OF ESTATES. 



2d. To the children or any competent person nominated by them. 
3d. To the father or any competent person nominated by him. 

4th. To the mother or any competent person nominated by her. 

5th. To the brothers or any competent person nominated by them. 

6th. To the sisters or any competent person nominated by them. 

7th. To the grandchildren or any competent person nominated by 
them. 

8th. To the next of kin or any com^jetent person nominated by 
them. 

9th. To the public administrator or to any creditor who shall ap- 
ply for the same. 

Provided, that only such persons as are entitled to administer un- 
der this act shall have the right to nominate. When several are 
claiming and are equally entitled to administration, the court may 
grant letters to one or more of them, preferring relatives of the whole 
to those of half blood. Preference and the right to nominate under 
this act must be exercised within sixty days from the death of the in- 
testate, at the expiration of which time administration shall be grant- 
ed to the public administrator. 

In all cases where the intestate is a non-resident, and in all cases 
where there is no widow, husband or next of kin entitled to a distrib- 
utive share in the estate of such intestate, who at the time of the 
death of said decedent is a bona fide resident of this State, adminis- 
stration shall be granted to the public administrator; and in all cases 
where any contest shall arise between the widow, heirs at law or next 
of kin of the decedent in relation to the grant of letters, and it shall 
appear to the court that the estate of said decedent is liable to waste, 
loss or embezzlement, administration to collect shall be granted to the 
public administrator of the proper county to administer such estate 
until said contest is determined. No administration shall in any case 
be granted until satisfactory proof shall be made to the county court 
to whom application for that purpose is made that the person in 
whose estate letters of administration are requested is dead and died 
intestate: Provided, that when the heirs are residents of this State 
and the estate is solvent and without minor heirs and it is desired by 
the parties in interest to settle the estate withoirt administration this 
law shall not apply: And further, iwovided, that no non-resident of 
this State shall be appointed or act as administrator or executor. 

Appeoved May 12, 1905. 



ANIMALS AND BIEDS. 



ANIMALS AND BIRDS. 



BIRDS AS TARGETS PROHIBITED. 



§1. Prohibits use of live birds as targets. : Approved April 7, 1905. 
—Penalty. 

An Act to prevent the shooting of live 2ngeo7is,foivl or other birds 
for amusement or as a test of skill in marksmanship. 

Section 1. Be it enacted hy the People of the State of Illinois y 
represented in the General Assemhly : [That] any person who keeps 
or uses a live pigeon, fowl or other taird for the purpose of a target, 
or to be shot at, either for amusement or as a test of skill in marks- 
manship, or shoots at a bird kept or used as aforesaid, or is a party to 
such shooting, or leases any building, room, field or premises, or 
knowingly permits the use thereof, for the purpose of such shooting, 
shall be guilty of a misdemeanor, and, for each violation of this act, 
shall be liable to a penalty of not less than twenty dollars nor more 
than one hundred dollars, or imiDrisonment in the county jail not ex- 
ceeding thirty days. Nothing in this act shall apj)ly to the shooting 
of wild game in its wild state. 

Approved April 7, 1905. 



CRUELTY TO ANIMALS. 
§1. Amends section 1, act of 1877. I §1. Appointment of officers to enforce law. 

Approved May 11, 1905. 

An Act to amend section 1 of "An act to secure the enforcement of 
the law for prevention of cruelty to animals,''' approved May 25, 
1877, in force July 1, 1877, as amended hy act approved June 30, 
1885, in force July 1, 1885. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assemhly : That section 1 of "An act to 
secure the enforcement of the law for prevention of cruelty to ani- 
mals," approved May 25, 1877, in force July 1, 1877, as amended by 
act approved June 30, 1885, in force July 1, 1885. be and the same is 
hereby amended to read as follows: 

Section 1. That it is hereby made the duty of the Governor to 
appoint by and with the consent of the Senate, one officer for the 
town of Lake, Cook county, two officers for East St. Louis, St. Clair 
county, and one officer for the city of Peoria, Peoria county, whose 
term of office shall be two years respectively, or until a successor to 
such officer shall be appointed and qualified, and the duty of each of- 
ficer so appointed shall be to cause the enforcement of the law for the 
prevention of cruelty to animals. 

Approved May 11, 1905. 



ANIMALS AND BIRDS — APPEOPKIATIONS. 



DOMESTIC ANIMALS EUNNING AT LAEGE. 



§ 1. Amends section 3, act of 1895. 



§ 3. Pound — Poundmaster, fees and duties- 
election— vacancy. 

Approved May 16, 190,5. 



An Act to amend section 3 of an act entitled '"'An act in relation to 
domestic animals running at large within the State of Illinois.^'' 
Approved June 21, 1895. In force July 1, 1895. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly : That section B of an act en- 
titled "'An act relation to domestic animals running at large within 
the State of Illinois," approved June 21, 1895, in force July 1, 1895, 
be amended so as to read as follows: 

§ 3. Pound — Poundmastee — Fees — Duties of Poundmastees.] 
It shall be the duty of the commissioners of highways in townships 
in counties under township organization, and the commissioners of 
highways of road districts in counties not under township organiza- 
tion, as soon as this act takes effect, to select and prepare a suitable 
pound near the center of each township or voting district in counties 
under township organization, and near the center of each road dis- 
trict in counties not under township organization; appoint a pound- 
master, and fix his fees and charges, which shall remain as fixed until 
the next annual election, at which time the same may be changed or 
amended by a majority vote of the electors present, who shall at the 
same time elect a poundmaster for the ensuing year. Said pound- 
master shall hold his office for one year and until his successor is duly 
elected: Provided hoivever, That in case the person so elected shall 
fail to act, or a vacancy occurs through resignation, removal death or 
any other cause whatever, the commissioners of highwp.ys shall fill 
such vacancy by appointing a person to act as poundmaster until the 
next annual election. 

Appeoved May 16, 1905. 



APPROPEIATIONS. 



ADJUTANT GENEEAL — OFFICE IMPEOVEMENTS. 



Appropriates 
provements. 



$1,000 for office im- 



§ 2. How drawn. 
Approved May 12. 1905. 



An Act to provide for 



improvements in the Adjutant GeiieraVs 
office. 

Section 1, Be it enacted hy the People of the State of Illinois, 
represented iyi the General Assembly: That the sum of one thous- 
and dollars ($1,000), or so much thereof as may be necessary, is 
hereby appropriated to pay for improvements in the Adjutant Gen- 
•eral's office. 



APPROPRIATIONS. 



§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant for the sum herein specified, upon the 
presentation of proper vouchers, certified to by the Adjutant General 
and approved by the Governor, and the Treasurer shall pay the same 
out of the money hereby appropriated. 

Approved May 12, 1905. 



AGRICULTURE — STATE AND COUNTY FAIRS. 



Appropriates for exhibit at State Fair j §2. How drawn 
$j,000 pi-r annum— for each county fair 
$200 per annum— for items enumerated 
$9, 120. 



§3. Biennial report to Governor. 
Approved May 18, 1905. 



An Ac'i making an appropriation for the State Board of Agricul- 
ture a7id county and other agricultural f aim. 

Section 1. Be it enacted hy the People of the Slate of Illinois 
represented in the (ieneral Assembly : That there be, and is hereby, 
appropriated to the State Board of Agriculture the following sums, 
to- wit: 

For the encouragement of an exhibit at the State fair, the sum of 
five thousand dollars ($5,000) per annum for the years 1905 and 1906, 
and for the use of each county or other agricultural society, the sum 
of two hundred dollars ($200) per annum, to be paid to the treasurer 
of the society, for fairs held in 1904 and 1905. 

For the salary of the secretary, the sum of twenty-five hundred 
dollars ($2,500) per annum, for the years 1905 and 1906. 

For clerk hire the sum of thiry-two hundred dollars ($3,200) per 
annum, for the years 1905 and 1906. 

For receiving and shipping clerk, the sum of one thousand dollars 
($1,000) per annum for the years 1905 and 1906. 

For janitor, the sum of four hundred and twenty dollars ($420) per 
annum for the years 1905 and 1906. 

For the expenses of collecting, compiling and publishing live stock 
and agricultural statistics, the sum of six hundred dollars ($600) per 
annum for the years 1905 and 1906. 

For the agricultural library, the sum of two hundred dollars ($2()0) 
per annum for the years 1905 and 1906. 

For office expenses, furniture, repairs, postage, expressage, etc., the 
sum of twelve hundred dollars ($1,200) per annum for the years 1905 
and 1906. 

§ 2. That on the order of the president, countersigned by the sec- 
retary of the State Board of Agriculture, and approved by the Gov- 
ernor, the Auditor of Public Accounts shall draw his warrant upon 
the Treasurer in favor of the treasurer of the Illinois State Board of 
Agriculture for the sums herein appropriated: Provided, that each 
warrant on account of county or other agriciiltural fairs, shall show 
the agricultural society for whose benefit the same is drawn, and that 
no warrant shall be drawn in favor of any agricultural society unless 
the order aforesaid be accompanied by a certificate of the State Board 



APPEOPEIATIONS. 



of Agriculture showing that such agricultural society held an agricul- 
tural fair during the preceding year in compliance with the rules and 
regulations as provided by said State Board of Agriculture: Pro- 
vided further, that no warrant shall be drawn in favor of any agricul- 
tural society until the president and treasurer of such society file art 
affidavit with the State Board of Agriculture that no wheel of fortune 
or other gambling device was licensed or allowed upon their fair 
grounds. 

§ 3. It shall be the duty of the treasurer of the State Board of 
Agriculture, on the order of the president, countersigned by the sec- 
retary of the State Board of Agriculture, to pay over to the treasurer 
of each agricultural society the sum received for its use and benefit 
aforesaid, and make biennial report to the Governor of all such ap- 
propriations received and disbursed by him. 

Approated May 18, 1905. 

AGRICULTURE — STATE FAIR BUILDINGS. 

§1. Appropriates $43,000 tor items enumer- I §2. How drawn. 



ated. 



Approved May 18, 1905. 



An Act making appropriation for the State Board of Agi'icnlture, 
to he used in the construction of p)CTmanent buildings and improve- 
ments, and for beautifying the State Fair Grounds at Sj^ringfield, 
Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
represeyited in the General Assembly : That the sum of fifty-three 
thousand dollars (*$o3,0(X)) or so much thereof as may be necessary, 
out of the treasury not otherw^ise appropriated, be and the same is 
hereby appropriated to the State Board of Agriculture' for the con- 
struction of permanent buildings for the State Fair and for the im- 
provement and beautifying of the State Fair grounds, viz. : 

For a Dairy Cattle Barn, twenty-five thousand dollars ($25,000). 
For additional Horse Barns, six thousand dollars ($6,000). 
*For an addition to the Grand Stand, ten thousand dollars ($10,000). 
To pay note given to E. A. Hall, treasurer, twelve thousand dollars 
($12,000). 

§ 2. That on the order of the president, countersigned by the Sec- 
retary of the State Board of Agriculture and approved by the Gov- 
ernor, the Auditor of Public Accounts shall draw his warrant upon the 
State Treasurer in favor of the treasurer of the Illinois State Board of 
Agriculture for the sums herein appropriated: Provided, that all of 
said money shall be paid in installments, from time to time, as the 
same shall be needed to pay for the improvements authorized by this 
act, and on vouchers to be apjoroved by the Governor. 
Approved May 18, 1905. 

*I hereby certify that the forcRoingr act, as printed above, is a correct copy of House Bill 
No. 652, as enrolled and submitted to the Governor for his approval. The item marked with a 
star, to-wit: ''For an addition to the grand stand, $10,000," was vetoed by the Governor, by 
which action the total appropriation for the State Board of Agriculture, forthe purposes stated 
in this act, is reduced from $53,000, as printed above, to $43,000. 

James A. Rose, Secretaty of State. 



APPKOPEIATIONS. 



AGEICULTURE — EXPERIMENT STATION. 



§ 1. Appropriates $50,000 per annum. §6. Appropriates $15,000 per annum. 

§2. Appropriates $25,000 per annum. §7. Meetings and reports. 

§3. Appropriates $15,000 per annum. §8. How drawn. 

§4. Appropriates $25,000 per annum. Approved May 18, 1905. 

S 5. Appropriates $15, 000 per annum. 

An Act to extend the equipment and increase the instruction in the 
College of Agriculture and to provide for the extension of the 
Agricultural Experiment Station and to make app>ropriations 
therejor. With the intent of equipp>i7ig said college and station 
for instruction and investigation of the highest order along prin- 
cipal lines of agriculture. 

Section 1. Be it enacted hy the People of the State of Illinois, 
7'epresented in the General Assembly : That it shall be the duty of 
the College of Agriculture to give thorough and reliable instruction 
in the economic production of crops ; the treatment of the different 
soils of the State in such manner as to secure the largest returns 
from each and without impairing its fertility; the principles of breed- 
ing and management of live stock, including animal diseases and a 
thorough knowledge of the various breeds and market classes; the 
economic and sanitary production of dairy goods, and the best 
methods of meeting existing market demands and of extending and 
developing trade in the agricultural productions of the State. That 
it shall be the further duty of said college to provide and maintain 
such live stock specimens, laboratories, apparatus and other material 
equipment, together with teachers of such experience and skill as 
shall make such instruction effective. That to carry out the provis- 
ions of this section, there be, and hereby is, appropriated the sum of 
fifty thousand dollars ($50,000) annually for the years 1905 and 1906: 
Provided, that the disposition of the funds from time to time to 
carry out the intent of this act shall be along lines agreed upon by 
the dean of the College of Agriculture and an advisory committee 
consisting of the presidents of the following State agricultural organi- 
zations, to- wit: The Illinois Farmers' Institute, the Illinois Live 
Stock Breeders' Association, the Illinois State Horticultural Society, 
the Illinois Corn Growers' Association and the Illinois Dairymen's 
Association. 

§ 2. That it shall be the duty of the Agricultural Experiment 
Station to conduct investigations calculated to develop the beef, pork, 
mutton, wool and horse producing interests of the State, and espe- 
cially to devise and conduct feeding experiments intended to deter- 
mine the most successful combination of stock foods, particularly in 
Illinois grains and forage crops, and to discover the most economical 
and successful methods of maintaining animals and fitting them for 
the markets ; to investigate live stock conditions, both at home and 
abroad, in so far as they affect market values, and to publish the 



APPROPRIATIONS. 



results of such experiments and investigations. That to carry out the 
provisions of this section there be, and hereby is. appropriated the sum 
of twenty-five thousand dollars ( $25,000) annually for the years 1905 
and 1906: Provided, that the work undertaken and outlined in this 
section shall be carried out on lines to be agreed upon by the directors 
of the Agricultural Experiment Station and an advisory committee of 
five to be appointed by the Illinois Live Stock Breeders' Association. 

§ 8. That it shall be the duty of the Agricultural Experiment 
Station to conduct experiments in the several sections of the State, 
in order to discover the best methods of producing corn, wheat, oats 
and clover on the different soils and under the various climatic condi- 
tions of the State, and for the purpose of improving the varieties 
grown for special purposes, etc., and that, to carry out the provisions 
of this section, there be, and hereby is, appropriated the sum of 
fifteen thousand dollars ($15,000) annually for the years 1905 and 
1906: Provided, that the work outlined in this section shall be car- 
ried out on lines to be agreed upon by the director of the Agricultural 
Experiment Station and an advisory committee of five to be appointed 
as follows: Two by the Illinois Corn Growers' Association, two by 
the Illinois Seed Corn Breeders' Association and one by the Illinois 
Grain Dealers' Association. 

§ 4. That it shall be the duty of the Agricultural ExiDeriment 
Station to make chemical and x^hysical examination of the various 
soils of the State, in order to identify the several types and determine 
their character; to make and publish an accurate survey with colored 
maps in order to establish the location, extent and boundaries of each; 
to ascertain by direct experiment in laboratory and field what crops 
and treatment are best suited to each; whether the present methods 
are tending to best results and whether to the preservation or reduc- 
tion of fertility, and what rotations and treatments will be most effec- 
tive in increasing and retaining the productive capacity of Illinois 
lands; and that, to carry out the provisions of this section, there be, 
and hereby is, appropriated the sum of twenty-five thousand dollars 
($25,000) annually for the years 1905 and 1906: Provided, that the 
work outlined in this section shall be carried out on lines to be agreed 
upon by the director of the Agricultural Experiment Station and an 
advisory committee of five to be appointed by the Illinois Farmers' 
Institute. 

§ 5. That it shall be the duty of the Agricultural Experiment 
Station to discover and demonstrate the best methods of orchard 
treatment in the fruit sections of the State, and the most effective 
remedies for insect and fungous enemies to fruit and trees ; and that, to 
carry out the provisions of this section, there be, and hereby is, ap- 
propriated the sum of fifteen thousand dollars ($15,000) annually for 
the years 1905 and 1906: Provided, that the work undertaken and 
outlined in this section shall be carried out on lines to be agreed upon 
by the director of the Agricultural Experiment Station and an advi- 
sory committee of five to be appointed by the Illinois State Horti- 
cultural Society. 



10 APPEOPRIATIONS. 



§ 6. That it shall be the duty of the Agricultural Experiment 
Station to investigate the dairy conditions of the State; to discover 
and demonstrate improved methods of producing and marketing 
wholesome milk and other dairy products, and to promote the dairy 
interests of the State by such held assistance in the dairy sections 
upon farms and in the creameries and factories as shall tend to better 
methods and more uniform products; and that, to carry out the pro- 
visions of this section, there be, and hereby is, appropriated the sum 
of fifteen thousand dollars ($15,000) annually for the years 1905 and 
1906. 

§ 7. That the committees representing the several associations 
herein named shall meet at such times and places as may be desig- 
nated by the dean of said college or the director of the Agricultural 
Experiment Station, or upon the request of a majority of the com- 
mittee; that they shall serve without compensation except for ex- 
penses, to be paid out of the respective funds, and that said commit- 
tees shall make to their respective associations, at their annual 
meetings, full reports of the work in progress under the provisions of 
this act. 

§ 8. That the Auditor of Public Accounts is hereby authorized 
and directed to draw his warrant on the State Treasurer for the sums 
herein appropriated, upon the order of the chairman of the board of 
trustees of the University of Illinois, countersigned by its secretary, 
and with the corporate seal of said university, and no installment 
subsequent to the first shall be paid by the Treasurer, nor warrant 
drawn therefor, until detailed accounts, showing expenditures of the 
preceding installment have been filed with the Auditor of Public 
Accounts: Provided, that no part of the funds herein appropriated, 
except in section i, shall be used for salaries of teachers: And, pro- 
vided, furiher, that any revenue arising from the operations of the 
several sections of this act shall revert to the respective funds from 
which obtained for further extension of the work outlined. Nothing 
herein contained shall be deemed to take away from the board of 
trustees of the University of Illinois the usual authority conferred by 
law over the expenditure of moneys appropriated to said university. 
The recommendations of the committees herein provided for shall be 
advisory, but the use of the moneys herein appropriated shall rest in 
the discretion of said board for the purjDOse herein set forth, and said 
board shall account therefor. 

Appeoved May 18, 1905. 



APPROPRIATIONS. 



11 



AWARDS BY COURT OF CLAIMS. 



gl. Appropriates $37 to Louis H. Kruger, 
and $37 to John R. Claussen. 



§ 2. How drawn. 
Approved May 18, 1905. 



An Act io make an appropriation for the payment of amounts 
awarded hy the Court of Claiyns to certain persons named 
therein. 

Section 1. Be it enacted hy the People of the State of IllinoiSy 
represented in the General Assembly : That there be, and is hereby, 
appropriated to Louis H. Kruger, the sum of thirty-seven and no one 
hundred dollars ($37) for services as a member of Troop M, First Cav- 
alry, Illinois National Guard, at Camp Tanner prior to his muster 
into the services of the United States Government in the Spanish 
war, awarded by the Court of Claims April 19, 1905; to John R. 
Claussen, the sujn of thirty-seven and no one hundred dollars ($37) 
for services as a member of Troop M, First Cavalry, Illinois National 
Guard, at Camp Tanner prior to his muster in the United States 
service in the Spanish war, awarded by the Court of Claims April 19, 
1905. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants on the State Treasurer in favor of said 
persons, respectively, for the amounts herein approx^riated, payable 
out of any money in the treasury not otherwise approjiriated. 

Approved May 18, 1905. 



BEE-KEEPERS ASSOCIATION. 



§ 3. Annual report to ( jovernor, 
Approved May 12, 1905. 



Preamble. 

gl. Appropriates $1,000 per annum. 

g 2. How drawn. 

An Act making an appropricdion for the Illinois Stcde Bee- 
Keepers'' Association. 

Whereas, The members of the Illinois State Bee-Keepers" Associ- 
ation have for years given much time and labor without compensa- 
tion in the endeavor to promote the interests of the bee-keepers of the 
State; and, 

Whereas, The importance of the industry to the farmers and fruit 
growers of the State warrants the expenditure of a reasonable sum 
for the holding of annual meetings, the publication of reports and 
papers containing practical information concerning bee-keeping; 
therefore, to sustain the same and enable this organization to de- 
fray the expenses of annual meetings, publishing re^Dorts, suppressing 
foul brood among bees in the State, and promote the industry in Illi- 
nois: 



12 APPBOPEIATIONS. 



Section 1. Be it enacted by the People of the State of Illinois, 
rejyresented in the General Assembly : That there be, and is hereby 
appropriated for the use of the Illinois State Bee-Keepers' Associa- 
tion the sum of 1,000 dollars j)er annum for the years 1905 and 1906. For 
the purpose of advancing the growth and developing the interests of 
the bee-keepers of Illinois, said sum to be expended under the direc- 
tion of the Illinois State Bee-Keei3ers' Association for the purpose of 
paying the expenses of holding annual meetings, publishing the pro- 
ceedings of said meetings, su^jpressing foul brood among bees in Illi- 
nois, etc.: Provided, however, that no officer or officers of the Illi- 
nois State Bee-Keei3ers' Association shall be entitled to receive any 
money compensation whatever for any services rendered for same out 
of this fund. 

§ 2. That on the order of the president, countersigned by the sec- 
retary of the Illinois State Bee-Kee^jers' Association, and approved 
by the Governor, the Auditor of Public Accounts shall draw his war- 
rant on the Treasurer of the State of Illinois in favor of the treas- 
urer of the Illinois State Bee-Keepers' Association for the sum 
herein approjjriated. 

§ 3. It shall be the duty of the treasurer of the Illinois State Bee- 
Keepers' Association to pay out of said appropriation, on itemized 
and receipted vouchers, such sums as may be authorized by vote of 
said organization on the order of the president, countersigned by the 
secretary, and make annual report to the Governor of all such expend- 
itures, as provided by law. 

Approved May 12, 1905. 



BOARD OF PRISON INDUSTRIES. 



Preamble. 



§ 1. Appropriates $15,000 for items enumer- 
ated. 



§2. How drawn. 
Approved May 18, 1905. 



An Act making an apjwopriation for the expenses of the Board of 
Prison l7idustries of Illinois. 

Whereas, No appropriation having been provided by the Forty- 
third General Assembly for the Board of Prison Industries of Illinois 
to enable them to carry out the provisions of the so-called "Anti- 
Convict Labor Law;" and 

Whereas, It becomes absolutely necessary for the Board of Prison 
Industries to maintain an office and secure competent service to as- 
sist in disposing of goods manufactured under the law; therefore. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That there be. and is hereby 
appropriated the sum of fifteen thousand dollars ($15,000) per annum, 
or so much thereof as is needed to be divided as follows: For the 
salary of a sales manager, twenty-five hundred dollars ($2,500) per 
annum; for the salary of one assistant secretary, eighteen' hundred 



APPROPRIATIONS. 13 



dollars ($1,800) per annum; for the salary of one stenographer, twelve 
hundred dollars ($1,200) per annum; for traveling expenses, the sum 
of one thousand dollars ($1,000) per annum; for postage, telephoning, 
telegraphing and other expenses connected with the office of the 
Board of Prison Industries of Illinois, the sum of eight thousand five 
hundred dollars ($8,500), or as much thereof as is necessary: Pro- 
vided, that no part of the amount herein api^ropriated shall be used 
for office rent in any form or manner whatever. 

§ 2. The Auditor of Public Accounts is hereby authorized to 
draw his warrants on the State Treasurer for all sums herein appro- 
priated for the salaries of the sales manager, assistant secretary and 
stenographer, to be paid on monthly pay-rolls, duly certified to by 
the Board of Prison Industries, signed by the president and for all 
other appropriations specified herein, warrants on the State Treas- 
urer shall be drawn only on itemized bills accompanied by receipted 
vouchers, showing the expenditures of money named in the itemized 
bill, except for expenditures for railroad or street car fare, and in 
cases of expenditures for railroad fares, the itemized bills must show 
from what point to what traveled and the amount paid for the same. 
All such itemized bills herein specified shall be approved by the 
Governor. 

Approved May 18, 1905. 



CHARITABLE INSTITUTIONS — OMNIBUS BILL. 

§1. Appropriates sums named to institu- , §2. How drawn. 

tions for purposes enumerated. ' , , ., ,. 

I Approved May 18. 

An Act making appropriaiious for the State charitahJe institutions 
herein named. 

Section 1. Be it enacted hij the People of tlie State of lUiriois, 
represented in the General Assembly : That the following sums be 
and are hereby appropriated to the State institutions named in this 
act, for the purposes herein stated, for the two years beginning July 
1, 1905, the sum of *$1, 328,520. and that the appropriations shall be 
apportioned between the institutions and shall be payable as herein 
stated, as follows: 

to the northern hospital for the insane. ELGIN. 

Repairs and improvements, $10,000 per annum $20,000 

Painting, $2,500 per annum 5,000 

^Maintenance of steam plant, $2.0(K) per annum 1,000 

Improvement of grounds. $2,000 per annum 1,000 

*Maintenance of library, $5(X) jaer annum 1.000 

*Furniture 3,000 

Farm, implements and buildings 2.5(X) 

Live stock 2,000 

Five fire escapes 1,250 

*Cold storage and ice plant 20,0(X) 



14 APPROPRIATIONS. 



Stand pipe with pipe line to river $ 6,500 

Paint shop 2,000 

*Metal dry room for laundry . .' 1,550 

One engine and dynamo 4,620 

*Total $80,420 

TO THE ILLINOIS EASTERN HOSPITAL FOR THE INSANE. KANKAKEE. 

Repairs and improvements, $25,000 per annum $50,000 

Improvement of grounds, $2,000 per annum 4,000 

*Cement walks and curbing, $2,000 per annum 4,000 

^Maintenance of library, $1,000 per annum 2.000 

Painting, $4,000 per annum 8,000 

Live stock and farm implements 3,000 

Employes quarters 6,000 

*Engine and dynamo 10,000 

*Furniture and iron beds, $6,000 per annum 12.000 

*Materials and tools for jDatients' workshops, $2,000 per an- 
num 4,000 

*Improvement of garden, $2,000 per annum 4,000 

*Maintenance of fire department, $1,000 per annum 2,000 

*Repairs to roofs and gutters 2,000 

*Enlarging steam pipes and covering same. , 5.000 

*Total $116,000 

TO THE CENTRAL HOSPITAL FOR THE INSANE. JACKSONVILLE. 

Repairs and improvements, $12,000 per annum $24,000 

Improvement of grounds, $2,000 per annum 4.000 

*Plumbing, $2,000 per annum 4,000 

*Library, $500 per annum 1,000 

Cement walks, outside grounds 3,000 

Painting 6,000 

*Iron beds and furniture 5,000 

Farm, imjjlements and live stock 2,500 

Fencing, including iron fence north of grounds 4,000 

Improving boilers, new boiler and stokers and electric light 

plant and re-wiring grounds 23.000 

*Total $76,500 

TO THE SOUTHERN ILLINOIS HOSPITAL FOR THE INSANE, ANNA. 

Repairs and improvements, $10,000 jDer annum $20,000 

^Improvement of grounds. $2,000 per annum 4.000 

*Library, $500 per annum 1.000 

Farm, machinery and stock, $1,250 per annum 2,500 

*New furniture. $2,000 per annum 4,000 



APPROPRIATIONS. 15 



Three fire escapes $ 2,400 

Changing heating and plumbing in north wing 3,000 

To repairing damages to employes' quarters caused by fire. 5,000 

*Total $41,900 

TO THE ASYLUM FOR THE I^X•URABLE INSANE, SOUTH BARTONVILLE. 

Repairs and imjjrovements, $10,000 per annum $20,(XK3 

*Improvement of grounds, $10,000 per annum 20,000 

Painting interior walls 4,000 

Fire protection for new buildings, including stand-pipe, hose, 

reels and fire escapes 4,500 

*Furniture for officers' and employes' quarters 1,000 

*Tile floor in ironing room 2,000 

Telephone system 2,500 

*For building and furnishing additional cottages complete, 

including dining rooms 280,000 

*Total $334,000 

TO THE WESTERN HOSPITAL FOR THE INSANE, WATERTOWN. 

Repairs and improvements, $5,000 per annum $10,000 

^Improvement of grounds, $5,000 per annum 10,000 

^Library, $300 per annum 600 

*Dormitory for female employes and furnishing same 25,000 

Amusement hall for patients 10,000 

Enlarging septic tank 5,000 

Farm, implements and live stock 2,500 

Roof on main building 2,500 

*Total $65,600 

TO THE ASYLUM FOR INSANE CRIMINALS, MENARD. 

Repairs and improvements, $2,0(X) per annum $4,000 

liibrary, $200 per annum 400 

Iron beds 500 

Stone wall and terracing hill 3,000 

To extension of wings on present building as per architect's 
plans submitted, serial numbers 821, 822 and 823 com- 
plete 20,000 

Total $27,900 



16 APPROPEIATIONS. 



TO THE ASYLUM FOE FEEBLE-MINDED CHILDEEN, LINCOLN. 

Repairs and improvements, $10,000 per annum $20,000' 

Improvement of grounds, $2,000 per annum 4,000' 

Library and school books, $500 per annum 1,000' 

Two ell additions (buildings), complete and furnishings. . . . 85,000 

Total $60,000 



TO THE SOLDIEES' AND SAILOES' HOME, QUINCY. 

*Repairs and improvements, $15,000 per annum $30,000 

Improvement on grounds, $1,000 per annum 2,000 

Library, $600 per annum 1,200 

Re-constructing steam heating plant in eight cottages and 

two new boilers 6,000 

New boiler, smoke stack and coal shed at hospital 2,500 

*Ice house 5.000 

Three new cottages 37,500 

Free library building and nurse dormitory 4,000 

Improvement of cemetery 1,000 

Fire escapes for hospital 1,000 

*Total $90,200 



TO SOLDIEES OEPHANS HOME, NOEMAL. 

Repairs and improvements, $2,500 per annum $5,000 

Library. $300 per annum 600 

Furnishing new cottages 2,000 

Cement walks 500 

Purchase of cemetery lots in Bloomington cemetery 1.200 

Total $9,300 

TO THE SOLDIEES' WIDOWS' HOME. WILMINGTON. 

Repairs and improvements, $1,000 per annum $2,000 

TO THE ILLINOIS SCHOOL FOE THE DEAF. JACKSONVILLE. 

Repairs and improvements, $12,000 per annum $24,000 

*Library, $500 per annum 1,000 

*Fencing, $1,000 per annum 2,000 

Remodeling old chapel for school room 6,000 

*Painting 2.000 

*Renewing hospital floors and walls 3,000 

*Coal sheds and track 2,000 



* 



Total $40,000 



APPEOPEIATIONS. 17 



ILLINOIS INSTITUTION FOE THE EDUCATION OF THE BLIND. JACKSONVILLE 

Repairs and improvements, $3,500 per annum $7,000 

Materials for printing department, $500 per annum 1,000 

Library and apparatus, $400 per annum 800 

Steel tower for water tank 1,200 

Remodeling heating system in main building 8,000 

Iron stairway for boys' cottage and hospital 500 

For special training for those patients who are deaf, dumb 

and blind, $1,000 per annum 2,000 

Total $20,500 

TO THE ILLINOIS CHAEITABLE EYE AND EAE INFIEMAEY, CHICAGO. 

Repairs and improvements. $2,500 per annum $5,000 

Library and amusements, $150 per annum 300 

Additional grounds and new fire-proof building 75,000 

Total $80,300 

TO THE STATE TEAINING SCHOOL FOE GIELS, GENEVA. 

Repairs and improvements, $3,000 per annum $H,000 

Improvement of grounds, $500 per annum 1,000 

Library, $200 per annum 400 

Parole and discharge of girls. $500 per annum 1,000 

Farm, garden and stock, $350 per annum 700 

New chapel 15,000 

Three new cottages , 60,000 

Furniture for new cottages 4.500 

New heating plant 25,000 

Fruit trees and small fruits, $150 per annum 300 

Total $113,tJ00 

TO THE ST. CHAELES HOME FOE BOYS, ST. CHAELES. 

Repairs and improvements, $2,000 per annum $4,000 

Three new cottages 75,000 

Furnishing new cottages 3,000 

^Administration building and equipment 35,000 

Manual Training building and equipment 30,000 

Store building 4,000 

Mill and equipment 5,000 

Fencing, draining roads and ground 5,000 

Repairing dwelling houses on farm 4,000 

*Total $165,000 



2 L 



18 APPEOPEIATIONS. 



§ 2. The monies herein appropriated shall be due and payable to 
the trustees of the several institutions herein named, or their order, 
only on the terms and in the manner now provided by law. 

Approved May 18, 1905. 

*I hereby certify that the foregoing' act, as printed above, is a correct copy of House Bill 
No. 588, as enrolled and submitted to the Governor for his approval. The items marked with 
astar, to-\vit: "Ice plant, $20,000," "Maintenance of steam plant, $2,000 per annum— $4,000," 
"Library, $.500 per annum— $1,000, " "Furniture, $3,000," "Metal Drv Room for Laundrv. 
$1, 550, "(total )$29, .550, "the Northern Hospital for the Insane, Elgin; "Furniture., iron beds, $6,000 
per annum— $12,000," "Materials and tools for patients' worlishops, }.2,000 per annum— .$4,000, " 
"luiprovements of garden, $2,000 per annum— $4,000, " "Maintenance of Fire Department, 
$1,000 per annum— $2 000. ""Rooiing, repairs to roofs and gutters,. $2,000, " "Enlarging steam pipes 
and covering same, $5,000," "Cement walks and curbing. $2,000 per annum— $4,000. " "Main- 
tenance of library, $1,000 per annum— $2,000," "Engine and Dynamo, $10, 000, " (total) $45,000," 
the Illinois Eastern Hospital for the Insane, Kankakee; "Librarj',$500 per annum- $1,000, " 
"Plumbing, .$2,000 per annum— $4,000, " "Iron beds and furniture, $5, 000," (total) "$10,000," 
the Central Hospital for the Insane, Jacksonville; "Library. $500 per annum— $1,000, " "Im- 
provement of grounds, $2, 000 per annum— $4,000, " "New Furniture, $2, 000 perannum— $4,000, " 
(total) $9.000, " tlie Southern Hospital for the Insane, Anna; "Improvement of grounds for 
the year beginning July 1st, 1906, $10 000," "For building and furnishing additional cottages 
complete, including dining rooms, $280,000," "Furniture for officers' and emploves' quarters, 
$1,000." "Tile rioor in dining room, .$2,000," (total)$293,000," the Asylum for the Incurable In- 
sane. South Barton ville; "Improvement of grounds for the year beginning July 1st. 1908, $5,000, " 
"Dormitory for female employes and finishing same, $25 000," "Library, $300 per annum— 
$600, " (total) $30,600, " the Western Hospital for the Insane, Watertown ; "Kepairs and im- 
provements for the year beginning July 1st. 1906, $15,000," "Ice house, $5, 000. " ( total ) $20, 000, " 
the Soldiers' and Sailors' Home, Quincy ; ' 'Library, .$500 perannum— $1,000, " "Fencing, $1,000 
perannum— .$2,000, " "Painting, $2,000," "Renewing hospital floor and walls. $3,000, " "Coal 
sheds and track, $2,000." (total) "$10,000," the Illinois School for the Deaf, Jacksonville; 
"Administration Building and equipment, $35,000,"' the St. Charles Home for Boys, St. 
Charles, were vetoed by the Governor, by which action the total appropriation for the North- 
ern Hospital for the Insane is reduced from $80,420, as printed above, to $50,870; the Illinois 
Eastern Hospital for the Insane is reduced from $116,000, as printed above, to $71,000; the Cen- 
tral Hospital for the Insane is reduced from .$76, .500, as printed above, to $66, .500; the Southern 
Hospital for the Insane is reduced from $41,900, as printed above, to $32,900; the Asylum for 
the Incuralile Insane is reduced from $334,000, as printed above, to $41,000; the Western Hos- 
pital for the Insane is reduced from $65,600, as printed above, to $35,000; the Soldiers' and 
Sailors' Home, Uuincv, is reduced from $90,200. as printed aljove, to $70,200; the Illinois 
School for the Deaf is reduced from .$40,000, as printed above, to $30,000; the St. Charles Home 
for Boys is reduced from $165,000, as printed above, to $130,000, and the total appropriations 
for all the institutions named in the act is reduced from $1,323,520, to $841,370. 

James A. Rose, 

Secretaiv of State. 



CHARITABLE INSTITUTIONS — ORDINARY EXPENSES. 

§3. How drawn. 



Appropriates $2,078,625 for the year be- 
ginning July 1, 1905. 

Appropriates $2,229,625 for the year be- 
ginning July 1, 1906. 



Approved May 18, 1905. 



An Act maJcing an appropriation for the ordinarij and otlier ex- 
penses of the State cJia7-itahle institutions herein named. 

Section 1. Be it enacted hji the People of the State of Illinois, 
represented in tlie General Assemhly : That there be and is hereby 
appropriated for the pur^oose of defraying the ordinary expenses of 
the State institutions named in this act, for the yeiw beginning July 
1, 1905, the sum of $2,078,625, payable quarterly in advance, and the 
said api^ropriations shall be apportioned among the institutions as 
follows: To the 

Northern Hospital for the Insane at Elgin $185,000 

Eastern Hospital for the Insane, Kankakee 338,500 

Central Hospital for the Insane, Jacksonville 185,000 

Southern Hospital for the Insane, Anna 170,000 

Western Hos]3ital for the Insane, Watertown 157,500 



APPROPRIATIONS, 19 



Asylum for the Incurable Insane, Bartonville $203,000 

Asylum for Insane Criminals, Menard 37,500 

Illinois School for the Deaf, Jacksonville 115,0(X) 

Institution for the Education of the Blind. Jacksonville . . . 54,000 

Asjdum for Feeble-Minded Children, Lincoln 196,000 

Soldiers' and Sailors' Home, Quincy 195,000 

Soldiers' Orphans' Home, Normal 62,500 

Soldiers' Widows' Home, Wilmington 13,000 

Illinois Charitable Eye and Ear Infirmary, Chicago 41,000 

Training School for Cxirls, Greneva 45,000 

St. Charles Home for Boys, St. Charles 50,625 

Illinois Industrial Home for the Blind, Chicago 35,000 

Total $2,078,625 

§ 2. For the purpose of defraying the ordinary exjoenses of the 
State institutions named in this act for the year beginning July 
1, 1906, the sum of $2,229,625 is appropriated, payable quarterly in 
advance, and the said appropriation shall be apportioned among the 
institutions as follows, until the expiration of the first fiscal quarter 
after the adjournment of the next General Assembly: To the 

Northern Hospital for the Insane. Elgin $185,000 

Eastern Hospital for the Insane, Kankakee 333.500 

Central Hospital for the Insane. Jacksonville 185,000 

Southern Hospital for the Insane, Anna 170.0(JO 

Western Hospital for the Insane, Watertown 157.500 

Asjdum for the Incurable Insane, Bartonville 293,000 

Asylum for Insane Criminals, Menard 37,500 

Illinois School for the Deaf. Jacksonville 115.000 

Institution for the Education of the Blind, Jacksonville . . . 54.000 

Asylum for Feeble-Minded Children. Lincoln 210,000 

Soldiers' and Sailors' Home. Quincy 195.(X)0 

Soldiers' Orphans' Home. Normal 62,500 

Soldiers' Widows' Home. Wilmington 18,000 

Illinois Charitable Eye and Ear Infirmary. Chicago 41,000 

State Training School for Girls, Geneva 60,000 

St. Charles Home for Boys. St. Charles 77,625 

Illinois Industrial Home for the Blind, Chicago 35,000 

Total $2,229,625 

§ 3. All moneys herein approjmated shall be due and payable to 
the trustees of the several institutions named, or to their order, only 
on the terms and in the manner provided in the 19th section of an act 
entitled, "An act to regulate the State charitable institutions and the 
State reform school, and to improve their organization and increase 
their efficiency." 

Approved May 18, 1905. 



20 APPEOPEIATIONS. 



DAIEYMEN'S ASSOCIATION. 
1. Appropriates $1,500 per annum. I §2. How drawn. 

I Approved May 12, 1905. 

An Act to appropi'iate $1,500.00 for the Illinois Dairymen's Asso- 
ciation. 

Section 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly : That the sum of one thous- 
and five hundred dollars ($1,500) per annum for the years 1905 and 
1906 be and the same is hereby appropriated to aid the Illinois Dairy- 
men's Association in compiling, publishing and distributing its re- 
ports and other necessary expenses. 

§ 2. The Auditor of Public Accounts is hereby authorized to draw 
his warrant upon the State Treasurer for the sum in this act specified, 
on bills of particulars certified to by the officials of said association, 
to the order of the president of said association, and the State Treas- 
urer shall pay the same out of any funds in the treasury not other- 
wise appropriated. 

Approved May 12, 1905. 



executive mansion — EEPAIES AND FUENISHING. 

g 3. Emergency. 



i 1. Appropriates $12, 000 for repairs and fur^ 
nishings. 

! 2. How drawn. 



Approved March 17, 190b. 



An Act making an appropricdion for the purpose of repairing and 
refurjiishing the Executive Mansion. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the sum of twelve thous- 
and dollars ($12,000) be and the same is hereby appropriated out of 
any moneys in the treasury not otherwise ajDpropriated, for the pur- 
pose of repairing and refurnishing the Executive Mansion. 

§ 2. The Auditor of Public Accomits is hereby authorized and di- 
rected to draw his warrant for the sum herein specified upon the pres- 
entation of proper vouchers certified to and approved by the Governor, 
and the Treasurer shall pay the same out of the money hereby apioro- 
priated. 

§ 3. Whereas, The repairs and refurnishings hereinabove pro- 
vided for are an absolute necessity, and should be made at once, there- 
fore an emergency exists and this act shall take effect and be in force 
from and after its passage. 

Appeoved March 17, 1905. 



APPROPRIATIONS. 



21 



EXPOSITION — JAMESTOWN, VIRGINIA. 



Preamble. 

■§1. Appropriates $25,000. . . 

'%2. Commission— appointments, organiza- 
tion, rules, expenses, vacancies. 



§ 3. Duties of commissioners. 
§ 4. Disposition of property. 
§.5. How drawn. 
Approved May 18, 1905. 



An Act to provide for the participation of the State of Illinois in the 
Jamestown Ter-Centennial Exposition, to he held on Hampton 
Roads, in the State of Virginia, during the year 1907, in commem- 
oration of the first permanent settlement of English-speaking 
people 171 America, and for an appropriation to pay the costs and 
expenses of the same. 

Whereas, The Jamestown Ter-Centennial Exposition is to be held 
on the waters and shores of Hampton Road, in the State of Virginia, 
during the year 1907 in commemoration of the first permanent settle- 
ment of English-speaking people in America, made at Jamestown, 
Virginia, on the 13th day of May 1607; at which exposition it is de- 
signed to exhibit the progress and the resources of the great American 
nation w^iich there had its beginning; and. 

Whereas, The United States government will hold in conjunction 
with said exposition, an international naval, marine and military cel- 
ebration, participated in by the navy and army of the United States, 
the militia of the states and representatives of the navies and armies 
of foreign nations; which celebration, it is recognized, will not only 
afford a novel form of entertainment in its spectacular features, but 
will, in its educational aspects, furnish an object lesson which all our 
-citizens should be encouraged to study; and. 

Whereas, It is peculiarly fitting that the great commonwealth of 
Illinois which was given to the Union by Virginia, should accept the 
invitation of the mother commonwealth and participate in the cele- 
bration, on her soil, of the nation's birth, in a manner befitting the 
importance of the event, and in keeping with the wealth and dignity 
of this State; and, 

Whereas, Further, it is desirable that the State of Illinois avail 
of this favorable opportunity of exhibiting its extensive resources, 
thereby increasing its agricultural, manufacturing and industrial in- 
terests; therefore. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That there be, and is hereby, 
appropriated the sum of twenty-five thousand dollars for the purpose 
ot erecting a suitable building for an Illinois headquarters at said 
■exi^osition, and making an exhibit of the resources, commercial ad- 
vantages, mechanical appliances, educational progress and other 
interests and industries of the State of Illinois at the said James- 
town Ter-Centennial exposition. 

§ 2. There shall be appointed by the Governor, within twenty ( 20) 
-days after this act shall go into effect, seven ( 7 ) commissioners, five 
<(5) of whom shall be from the party casting the largest vote and two 



22 APPROPEIATIONg. 



(2) from the party casting the next largest vote at the last general 
election, who shall constitute and are hereby designated the Illinois 
State Commission at the Jamestown Ter- Centennial Exposition. Said 
commission shall meet at such time and place as the Governor may 
appoint and organize by the election of a president, a vice president 
and a secretary. A majority of said commission shall constitute a 
quorum for the transaction of business. The commission shall have 
the power to make rules and regulations for its own government, not 
n conflict with the laws of the State, or with the laws, rules and reg- 
ulations governing said exposition. The members of said commis- 
sion shall not be entitled to any compensation, except their actual 
expenses when necessarily absent from their homes on the business of 
said commission. Said commission is hereby empowered to fix the 
compensation of its secretary and to employ such agents and assist- 
ants as may be necessary. All vacancies in said commission which 
occur by death, resignation or otherwise, shall be filled by the Gov- 
ernor. 

§ 3. Said commission shall have charge of the interests of this 
State and its citizens in the preparation and exhibition at said expo- 
sition of the manufactures, arts and natural and industrial products 
of the State; the objects, illustrating its history, progress, moral and 
material welfare, growth, enterprise and development, and all other 
matters tending to advance the interests, reputation and prosperity 
of this State at said exposition. It shall collect, obtain and dissemi- 
nate throughout the State all necessary information regarding said 
exiDosition, and, in general, have and exercise full authority in rela- 
t ion to the participation of the State of Illinois and its citizens in the 
Jamestown Ter-Centennial Exposition. Said commission shall have 
charge of the planning and construction of the Illinois State building 
and furnishing and maintaining the same. 

§ 4. After the Jamestown Ter-Centennial Exposition shall have 
been closed, said commission is hereby authorized to sell, or otherwise 
dispose of, the buildings and property then on the exposition grounds 
belonging to the State of Illinois, depositing the money received 
therefor in the State Treasury, and any money in the possesion of 
said commissioa belonging to the State shall be paid to the State 
Treasurer, and the accounts of the commission fully settled within six 
(6) months after the close of said exposition. 

§ 5. All payments hereunder shall be upon bills of particuhirs, 
certified to by the jjresident and secretary of the commission and 
approved by the Governor, upon which the Auditor of Public Ac- 
counts shall draw his warrant upon the State Treasurer, from time to 
time, for the sums of money certified to, payable out of the appropri- 
ation hereby made. 

Appeoved May 18, 1905. 



APPROPRIATIONS. 23^ 



EXPOSITION — LEWIS & CLARK, PORTLAND 
Preamble. 

§ 1. Appropriates $25, 000. 



§ 2. Appointment and organization of com- 
missioners. 

§ 3. Duties of commissioners. 



§4. Disposal of buildings and other prop- 
erty. 

§ 5. How drawn. 

§ 6. Emergency. 

Approved ^larch IT, 190.^3. '■■ 



An Act to provide for the participation of the State of Illinois in the 
Lewis & Clark Centennial and American-Pacific Exposition and Ori- 
ental Fair. 

Whereas, By an act of the United States Congress, approved by 
President Koosevelt April 13, 1904, followed by an invitation issued by 
Hon. John Hay. Secretary of State of the United States, there will be 
held during 1905. from the first day of June to the loth day of Octo- 
ber, in the city of Portland, in the state of Oregon, an important inter- 
national exposition to be known as "The Lewis & Clark Centennial 
and American-Pacific Exposition and Oriental Fair," which will 
commemorate the one hnndreth (100th) anniversary of the explora- 
tion of the Oregon country by an expedition commanded by Captains 
Meriweather Lewis and William Clark, and planned by President 
Jefferson; and. 

Whereas. The Congress of the United States has appropriated 
the sum of four hundred and seventj^-five thousand (475.000) 
dollars to be provided for the participation of the general government 
in the said exposition; and. 

Whereas, It is fitting that the State of Illinois should be properly 
represented at said exposition; therefore. 

Section 1. Be it enacted by the People of the State of Illinois 
represented ifi the Genercd Assembly : That there be, and is hereby 
appropriated the sum of twenty-five thousand (25,000) dollars for 
the purpose of erecting a suitable building for the Illinois headquar- 
ters at said exposition and for the making and exhibiting of the 
resources, commercial advantages, educational progress and other 
interests and industries of the State of Illinois at the said Lewis & 
Clark Centennial and American-Pacific Exposition and Oriental Fair: 
Provided, that of the above amount there is hereby set aside the 
sum of ten thousand (10,000) dollars, or so much thereof as may 
be necessary for the erection of a State building and the furnishing 
of the same. 

§ 2. There shall be appointed by the Governor within twenty (20) 
days after the passage of this act, seven (7) commissioners, five (5) of 
whom shall be from the party casting the largest vote and two (2) 
from the party casting the next largest vote at the last general elec- 
tion, who shall constitute, and are hereby designated the Illinois 
State Commission to the Lewis & Clark Centennial and American- 
Pacific Exposition and Oriental Fair. Said commission shall meet 
at such time and place as the Governor may appoint and organize by 



24 APPROPRIATIONS. 



the election of a president, a vice-president and a secrectary. A 
majority of said commission shall constitute a quorum for the trans- 
action of business. The commission shall have the power to make 
rules and regulations for its own government not in conflict with the 
laws of this State, or with the laws, rules and regulations governing 
said exposition. Members of said commission shall not be entitled to 
any compensation except their actual exi)enses, not exceeding the 
sum of five thousand (5,000) dollars when necessarily absent from 
their homes on the business of said commission. Said commission is 
hereby empowered to fix the compensation of its secretary and to 
employ such agents and assistants as may be necessary. All vacancies 
in said commission which may occur by death, resignation or other- 
wise, shall be filled by the Governor. 

§ 8. Said commission shall have charge of the interests of this 
State and its citizens in the preparation and exhibition at said expo- 
sition of all matters tending to advance the interests, reputation and 
prosperity of this State. It shall collect, obtain and disseminate 
throughout the State all necessary information regarding said exposi- 
tion and in general have and exercise full authority in relation to 
the participation of the State of Illinois and its citizens in the Lewis 
& Clark Centennial and American-Pacific Exposition and Oriental 
Fair. Said commission shall have charge of the planning and con- 
struction of the Illinois State building and furnishing and maintain- 
ing the same. 

§ 4. After the Lewis & Clark Centennial and American-Pacific 
Exposition and Oriental Fair shall have closed, said commission is 
hereby authorized to sell, or otherwise dispose of, the buildings and 
property then on the ex^wsition grounds at Portland, Oregon, belong- 
ing to the State of Illinois, dei^ositing the money received therefor in 
the State treasury, and any money in the possession of said commis- 
sion belonging to the State shall be paid to the State Treasurer, and 
the accounts of the commission fully settled within six (6) months 
after the close of said exposition. 

§ 5. All payments hereunder shall be upon bill of particulars cer- 
tified to by the president and secretary of the commission and ap- 
proved by the Grovernor, upon which the Auditor of Public Accounts 
shall draw his warrant upon the State Treasurer from time to time 
for the sums of money certified to, payable out of the appropriation 
hereby made. 

§ 6. Whereas, If the State of Illinois is to be represented at 
said exposition, an emergency exists, therefore this act shall take 
effect from and after its passage. 

Approved March 17, 1905. 



f 



APPROPRIATIONS. 25 



farmers' institutes. 

Preamble. I § *• Officers of county institutes to serve 

„ . . ^^ -„„ c I wittiont pay. 

§ 1. Appropriates $2,. 300 per annum for sec- 
retary salary and expenses. §5. How drawn. 

§2. For expenses of directors $5,000 per an- §6. Treasurer of State Institute— duties. 

num. Q - Tj 1 

§ I. How drawn. 

§3. For counts- farmers' institutes $75 each . , ^. ,.-, ,_.. 

^ -^ I Approved May 12, 190 ). 

per annum. 

An Act mal:ing an appropriation for the Illinois Farmers'' Institute and 
County Farmers' Institutes. 

Whereas. To assist and encourage practical education among 
farmers, and for the develoi^ing of the agricultural resources of the 
State, the Thirty-ninth General Assembly created an organization 
under the name and style of the Illinois Farmers' Institute and en- 
trusted to it the development of greater skill in the cultivation of 
crops, in the breeding and care of domestic animals, in dairy 
husbandry, in horticulture, in farm drainage, in improvement of high- 
ways and general farm management, through and by means of gen- 
eral discussion of these and kindred subjects, aud practical instruc- 
tion for improving the condition of the farmer by affording a better 
knowledge of successful agriculture; therefore, to sustain the same, 

Section 1. Be if enacted by the People of the State of Illinois, 
represented in flie General Assembhj : That there be, and is hereby 
-apxDropriated to the Illinois Farmers' Institute the following sums, 
to- wit: For the salary of secretary; for clerk hire, typewriter, ex- 
pressage, postage, office expenses, furniture, etc.. the sum of two 
thousand iive hundred dollars (S2.500) per annum for the fiscal years 
beginning July 1, 1905, and 1906. 

§ 2. For the actual expenses of the members of the board of direc- 
tors and officers of the Illinois Farmers' Institute in the performance 
of their duties as said members and officers, for the expenses of the 
State Institute meeting and for the incidental expenses in promoting 
the development of the farmers' institute work throughout the State, 
the sum of five thousand dollars ( S5.000) per annum for the fiscal 
years beginning July 1. 1905 andn906. 

§ 8. For the use of each county farmers' institute for the jjurpose 
of holding one or more county farmers" institute meetings in each 
county in the State, the sum of seventy-five dollars ( S75 ) per annum 
for the fiscal years beginning July 1, 1905 and 1906; said sum to be 
paid to the treasurer of each county farmers' institute, when siich in- 
stitute shall file with the secretary of the Illinois Farmers' Institute, 
-a sworn statement which shall show that said county farmers' insti- 
tute has held one or more duly advertised public sessions annually, of 
not less than two days each, at some easily accessible location, which 
shall include an itemized statement of the expense of said meeting, 
with receipted vouchers therefor, a copy of its i^rinted i^rogram, and 
■a report of the i)roceedings showing the title and author of the papers 



26 APPROPRIATIONS. 



read and by whom discussed, place or places of meeting, with average 
daily attendance, and such other information as may be called for by 
the Illinois Farmers' Institute and necessary to successfully assist 
this work. 

§ 4. No officer nor officers of any county farmers' institute shall 
be entitled to receive any moneyed compensation whatever for any 
service rendered the same. 

§ 5. That on the order of the president, approved by the director 
of the Congressional district, the secretary of the State Farmers' In- 
stitute shall draw his warrant on the treasurer of the State Farmers' 
Institute, in favor of the treasurer of the county farmers' institute for 
the sum herein appropriated: Provided, that each warrant on account 
of a county farmers' institute shall show the county institute for 
whose benefit the same is drawn: Proiuded, further, that the program 
and report of proceedings of the county farmers' institute, for which 
warrant is drawn, shall show that some of the following topics have 
been presented and discussed, viz. : Grain farming, stock feeding and 
breeding, dairy husbandry, orchard and small fruit culture, farmers' 
garden, domestic science and any subiects pertaining to farm life: 
Provided, furilier, that if the necessary expenses of a county farmers' 
institute shall not equal the sum of seventy-five dollars ($75) as afore- 
said, then said warrant shall only be drawn for the sum expended. 

§ 6. It shall be the duty of the treasurer of the Illinois Farmers' 
Institute to pay over to the treasurer of each county farmers' institute, 
the said sum of seventy-five dollars ($75) or so much thereof as may 
be received for its use and benefit, as aforesaid, and make annual re- 
port to the Governor, as provided by law. 

§ 7. The State Auditor is hereby authorized to draw his warrant 
for the sums herein specified and deliver the same to the Treasurer of 
the Illinois Farmers' Institute upon his presenting voucher for same, 
signed by the president and secretary of said Illinois Farmers' Insti- 
tute, and the State Treasurer shall i^ay the same out of any money in 
the State treasury not otherwise appropriated. 

Approved May 12, 1905. 



FIREMEN S ASSOCIATION. 



Preamble. 

§ 1. Appropriates $500 per annum. 

§ 2. Appropriation not for salaries. 



§ 3. Annual statement to Governor. 
§ 4. How drawn. 
Approved May 12, 1905. 



An Act io ma'ke an appropriation for the benefit, aid and maintenance 
of the Illinois Firemen s Association. 

Whereas, The Illinois Firemen's Association is ar organization 
representing the firemen, and especially the volunteer firemen of the 
State, and is organized under the laws of this State, and. 

Whereas, The aims of the Illinois Firemen's Association are the 
education of firemen in the fire service, and the betterment of the ser- 
vice in the several towns and cities in the State, for which purpose 



APPROPEIATIONS. 27 



annual meetings are held for the discussion of topics on the subject, 
and the hearing of suggestions that are of great value to the member- 
ship (made up of the fire departments of the State of Illinois ), therefore 
to help sustain this organization in the holding of its annual meetings 
and the printing of its reports, and to otherwise promote the useful- 
ness of this meritorious organization, the fire fighters, who voluntarily 
give their service in the protection of lives and homes. 

Section 1. Be it enacted by the People of the State of Illivois, 
represented in the General Asseniblij : That there be and is hereby, 
appropriated to the Illinois Firemen's Association the following sums, 
to- wit : For the printing and distribution of its programs, its annual re- 
port of proceedings, postage, stationery, expenses of the annual meet- 
ing, the dissemination of information pertaining to the business of 
the association, the sum of five hundred dollars ($500) per annum. 

§ 2. No part of the said five hundred dollars ($500) shall be paid 
as salary to any officer of the Illinois Firemen's Association. 

§ 8. The secretary and treasurer of the said association shall make 
an annual statement to the Governor on or before January 1, of each 
and every year of the disposition of the said appropriation. 

§ 4. The State Auditor is hereby authorized to draw his warrant 
for the sum herein specified, and deliver the same to the president 
and treasurer of the Illinois Firemen's Association, upon their pre- 
senting proper voucher for the same, signed by the president and sec- 
retary of said association, and the State Treasurer shall pay out 
of any money in the State treasury not otherwise appropriated. 

Approved May 12, 1905. 



FUGITIVES FROM JUSTICE — DEFICIEJsCY. 

§ 1. Appropriates $3,500— how paid. I §2. Emergency. 

I Approved May 12, 1905. 

An Act making an appropriation to meet a deficiency in the expenses for 
returning fugitives from, justice. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly : That there be, and is hereby 
appropriated the sum of three thousand five hundred dollars ($3,500) 
or so much thereof as may be necessary to pay the expenses already 
incurred, or to be incurred before the first day of July, 1905, for the 
apprehension and delivery of fugitives from justice, to be paid on 
evidence required by law, certified and approved by the Governor. 

§ 2. Whereas, An emergency exists, therefore, this act shall be 
in force from and after its passage and approval. 

Approved May 12, 1905. 



28 APPROPRIATIONS. 



GENERAL ASSEMBLY, 44tH — COMMITTEE EXPENSES. 

§1. Appropriates $16,000. I §3. Emergency. 

2. How drawn. I Approved May 12, 190.5. 

Ax Act mahing an appropriation for the payment of the committee ex- 
penses of the J/.Jf-th General Assembly. 

Section 1. Be it enacted by the People of the State oj Illinois, 
rejyresented in the General Assembly : That the sum of $16,000 or 
so much thereof as may be required, is hereby appropriated to pay 
the committee expenses of the J:4th General Assembly, or either 
branch thereof, all expenditures to be certified and a^jproved in the 
manner prescribed by joint resolution of the General Assembly, or by 
a separate resolution of either branch thereof. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants upon the State Treasurer for the 
moneys herein appropriated, upon presentation of jjroper vouchers 
certified in the manner herein indicated, out of any moneys in the 
treasury not otherwise appropriated. 

§ 3. Whereas, The appropriation above recited is necessary for 
the expenses incurred and to be incurred in the transaction of the 
business of the State and of the J:4th General Assembly and is 
necessary for the payment of such committee expenses, therefore, an 
emergency exists and this act shall be in force and take effect from 
and after its passage. 

Approved May 12, 1905. 



general assembly, 44th— employes. 

§1. Appropriates $100,000. I § 2. Emergency. 

1 Approved Feb. 2. 1905. 

An Act making appropriations for the payment of employes of the 
JfJf-th General Assembly. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Asf<embly : That there be, and is hereby, 
appropriated the sum of $1(X),000 or so much thereof as may be neces- 
sary, to pay the employes of the Forty-fourth General Assembly at, 
the rate of compensation allowed by law. Said employes to be paid 
upon rolls certified to by the presiding ofiicers of the respective houses, 
or by the Secretary of State approved by the Governor, as provided 
by law. 

§ 2. Whereas. The above appropriation is necessary for the trans- 
action of the business of the State, therefore an emergency exists and 
this act shall take effect from and after its passage. 

Approved Feb. 2. 1905. 



APPROPKIATIONS. 29 



GENERAL ASSEMBLY. 44tH — INCIDENTALS. 



§1. Appropriates $22, 000 for incidentals and §2. How drawn 
for care of tlie State House and 
grounds. 



g 3. Emergency. 
Approved Feb. 2. 1905. 



An Act to provide for the incidental expenses of the Jf-Ifth General As- 
semhhj of the State of Illinois, and for the care and custody of the 
State House and grounds, to he incurred and noiv unprovided for. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That the sum of $22,000, or 
so much thereof as may be required, is hereby appropriated to pay 
the incidental expenses of the Forty-fourth General Assembly, or 
either branch thereof, or to be expended by the Secretary of State in 
the discharge of the duties imposed upon him by law, or by the di- 
rection of the General Assembly, or either branch thereof. All ex- 
penditures to be certified to by the Secretary of State and approved 
by the Governor. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants upon the State Treasurer for the sums 
herein specified upon presentation of proper vouchers, and the State 
Treasurer shall pay the same out of any funds in the State treasury 
not otherwise appropriated. 

§ 8. Whereas, The appropriation above recited is necessary for 
the expenses incurred in the transaction of the business of the State 
and the Forty-fourth General Assembly, therefore, an emergency ex- 
ists, and this act shall take effect from and after its passage. 

Approved Feb. 2, 1905. 



GENERAL ASSEMBLY, (45th), AND STATE OFFICERS. 
§1. Appropriates $1,000,000. I Approved May 18, 1905. 

An Act making an appropriation for the payment of the officers and 
members of the next General Assembly, and for salaries of the officers 
of the State government. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the Genercd Assembly: That there be, and is hereby 
appropriated the sum of one million dollars (81.000,000), or so much 
as may be necessary, to pay the officers and members of the next 
General Assembly, and the salaries of the officers of the State govern- 
ment, at such rates of compensation as are now or hereafter may be 
fixed by law, until the expiration of the first fiscal quarter after the 
adjournment of the next regular session of the next General As- 
sembly. 

Approved May 18, 1905. 



30 APPEOPEIATIONS. 



GEOLOGICAL SUEVEY OF STATE. 

§ 1. Creation of bureau— location— commis- ' §9. Appropriates $25,000— how drawn 
sioners. 



§ 2. Appointment of director and assistants. 

§ 3. Salary of director and employes. 

§ 4. Objects and duties of bureau. 

§ 5. Reports— how disposed of. 

§ 6. Printing of reports regulated. 

§ 7. Director's report to Governor. 

§ 8. Material collected— how disposed of. 



§ 10. Cooperation with the U. S. Geological 
Survey. 

g 11. Entry on private lands authorized. 

§12. Appropriates $.5,000 for instruction in 
clay products. 

g 13. How drawn. 

gU. Repeal. 

Approved May 12, 1905. 



Ax Act to establish and create^ at the University of Illinois, the bureau 
to be I'nown as a State Geological Survey, defining its duties and pro- 
viding for the preparation and publication of its reports and maps to 
illustrate the natural resources of the State, and mal'ing appropriation 
therefor. 

Section 1. Be it enacted hij the People of the State of Illinois 
rep7-esented in the Oeneral Assemhlij : That there be and is hereby 
created and established at the University of Illinois a bureau, to be 
known as a State Geological Survey, which shall be under the direc- 
tion of a commission, to be known as a State Geological Commission, 
composed of the Governor ( who shall be ex-officio chairman of said 
commission), the president of the University of Illinois and one other 
competent person to be appointed by the Governor, who shall hold 
office for the term of four years and until his successor is ajjpointed 
and qualified. 

§ 2. The said commissioners shall serve without compensation, 
but shall be reimbursed for actual expenses incurred in the per- 
formance of their official duties; and said commissioners shall have 
general charge of such bureau, and shall ap])oint a director, who may. 
with the approval of the board, appoint such assistants and employes 
as may be necessary to carry out the provisions of this act. 

§ 3. The director appointed under the provisions of this act. and 
the assistants and emjiloyes appointed by him. as hereinbefore pro- 
vided, shall receive such salaries or compensation as may be 
determined by the Board of Commissioners. 

§ 4. The said bureau shall have for its objects and duties the fol- 
lowing: (1) A study of the geological formations of the State with 
special reference to its products. /. e., coals, ores, clays, building 
stones, cement, materials suitable for use in the construction of roads, 
gas, mineral and artesian water and other mineral resources. 

(2.) The preparation of geological and other necessary maps to 
illustrate the resources of the State. 

(3.) The preparation of reports, with necessary illustrations and 
maps, which shall include both a general and detail descri^jtion of the 
geological and mineral resources of the State. 



APPEOPRIATIOXS. 81 



(4.) The consideration of such other scientific and economic ques- 
tions as in the judgment of the commissioners shall be deemed of 
value to the people. 

§ 5. The regular and special re^jorts of the said bureau shall be 
printed and distributed or sold, as the commissioners shall deem best 
for the interests of the people of the State, and as they may direct : 
and all moneys obtained by the sale of said reports shall be paid into 
the State treasury. 

§ 6. The printing of said reports and of the necessary supplies of 
stationery, blank books and other printed matter necessary for the 
purposes of said bureau shall be and form a part of the State print- 
ing contract and as such be under the direction and supervision of 
the Board of Commissioners of State Contracts: Provided, hoirever, 
that the cost thereof shall not exceed the the sum of five thousand 
(5,000) dollars per annum. 

§ 7. The directors shall present to the Clovernor an annual report 
showing the progress and condition of said bureau, together with 
such other information as the commissioners may deem necessary 
and useful. 

§ 8. All materials collected, after having served the purposes of 
the bureau, shall be distributed by the director to the educational 
institutions of the State in such manner as the commissioners may 
determine to be of the greatest advantage to the educational interests 
of the State, or, if deemed advisable, the whole or part of such 
material may be placed on permanent exhibition in the State Museum 
of Natural History at Springfield, or in the museums of the I^niver- 
sity of Illinois. 

§ 9. The sum of twenty-five thousand (25.000) dollars per annum 
or so much thereof as may be necessary is hereby appropriated out of 
any money in the State treasury, not otherwise appropriated, to provide 
for the payment of actual expenses incurred by the said commissions in 
the performance of their official duties hereunder. and for other expenses 
or obligations authorized b}' them, and for the payment of the salary 
of the director appointed by said commissioners, and for tlie payment 
of the salaries or other compensation of the assistants and em])loyes 
that may be appointed hereunder; and the Auditor of Public 
Accounts is hereby authorized and instructed to draw his warrant on 
the treasury for the allowance of said expenses and salaries upon the 
X^resentation of proper vouchers approved by the Governor. 

§ 10. The said commissioners are hereby authorized to arrange 
with the director or the representatives of the United States Greologi- 
cal Survey in regard to co-operation between the said United States 
Geological Survey and the said State Geological Commission in the 
preparation and completion of a contour toi^ographic survey and map 
or maps of this State, and said commission may accept or reject the 
work of said United States Geological Survey. 



32 APPEOPEIATIONS. 



§ 11. In order to carry out the provisions of this act it shall be 
lawful for any person or persons employed hereunder to enter and 
cross all lands within this State: Provided, that in so doing no 
damage is done to private property. 

§ 12. The commission may expend in the prosecution of such 
co-operative work a sum equal to that which shall be expended there- 
on by the United States Geological Survey: Provided, that not 
more than ten thousand (10,000) dollars be expended in this work in 
any one year. 

§ 13. That it shall be the duty of the University of Illinois to 
give thorough and reliable instruction in the geology of clay- working 
materials, their origin, classification, physical and chemical proper- 
ties, and their behavior under such influences as are met wnth during 
the processes of manufacture, and to provide for this purpose such in- 
structor, laboratories, apparatus, and all illustrative material as may 
be necessary to make this instruction practical; and to carry out the 
provision of this section there is hereby appropriated the sum of five 
thousand (5,000) dollars annually, and the Auditor of Public Ac- 
counts is hereby authorized to draw his warrants on the State 
Treasurer for the sum appropriated in this section upon order of the 
chairman of the Board of Trustees of the University of Illinois, 
countersigned by the secretary and with the corporate seal of the 
university. 

§ 14. All previous enactments which conflict with the provisions 
of this act are hereby repealed. 

Approved May 12, 1905. 



GEANT HOME, GALENA. 

Preamble. § 2. How drawn. 

§ 1. Appropriates $5,000 for repairing: Grant Approved April 29, 1905. 
homestead. 

An Act to appropriate $5,000 for the Illinois Grant Home Association, 

Wheeeas, The heirs of General U. S. Grant have presented to the 
city of Galena the former home of General Grant, situated in the 
said city of Galena, with the understanding that the same shall be 
kept and maintained as nearly as possible as it was during the resi- 
dence of the General therein, the same to be* used as a public reposi- 
tory for the many relics and memorials of his military and civic 
career; said home to be in charge of a permanent committee of flve 
(5) residents of the city of Galena; and, 

Wheeeas, In order to comply with said conditions the city of 
Galena had incorporated under the laws of the State of Illinois, The 
Illinois Grant Home Association, the purpose thereof being to take 
charge of said xjroperty; receive contributions, donations, devices, be- 
quests and appropriations, and to conserve and invest or expend the 
same for the improving, restoring and maintaining of the said prop- 



APPROPRIATIONS. " " 33 



erty, and to make such expenditure as it may deem wise and neces- 
sary for said purpose to the end that the said home shall be at all 
times free for the visitation and inspection by the public under such 
rules and regulations as shall be prescribed by the said association; 
and, 

Whereas, Said property is in a decaying condition and much in 
need of repairs, and prompt action is necessary to preserve and per- 
petuate the same ; and, 

Whereas, Under the existing financial condition of the city of 
Galena it is utterly impossible for them, under the limitations of law, 
to raise the funds necessary to repair, restore and preserve the same; 
and; 

Whereas, General Grant, after presiding over the first union meet- 
ing held ill the city of Galena, went forth "the silent and unknown" 
to, by the force of his genius, rise step by step until, as commander 
of the Union Army in that momentous struggle of our country, he 
stood at Appomattox as a victor, and one of the most conspicuous 
chieftains that the world ever knew. His fame, his historic and 
wonderful achievements constitute a priceless heritage, justly belong- 
ing to Galena and the State of Illinois; and, 

Whereas, The said home, which was the abiding place of General 
Grant during his residence in Galena, and therefore one of the great 
historic structures of our city, which we should guard with loving 
and attentive hands in order that the coming generations may be 
inspired to emulate his noble character as a citizen; therefore. 

Section 1. Be it enacfed by tJie People of the State of Illinois 
represented in the General Assembly: That there be and is hereby 
appropriated the sum of five thousand (5,000) dollars to the Illinois 
Grant Home Association for repairing and restoring the General 
Grant home in the city of Galena, the same to be expended under 
the direction of the said Illinois Grant Home Association. 

Section 2. The Auditor of Public Accounts is hereby required to 
draw his warrant on the treasury of the State of Illinois for the 
above specified sum, mentioned in section one (1) of this act, payable 
to the order of the said Illinois Grant Home Association. 

Approved April 29, 1905. 



historical library — PROCURING DOCUMENTS. 

§1. Appropriates $5,000— How expended. | Approved May 12, 1905. 

An Act making appropriation for procuring documents^ papers and ma- 
terials and publications relating to the Northwest and the State of 
Illinois. 

Section 1. Be it enacted by tJie People of tlie State of Illinois, 
represented in tJie General Assembly : That the sum of five thousand 
dollars ($5,000) be, and the same is hereby, appropriated for the pur- 

—3 L 



34 APPROPEIATIONS. 



pose of procuring copies of papers, documents, materials and publica- 
tions relating to the Northwest and the State of Illinois, and publish- 
ing the same, the same to be expended by the trustees of the Illinois 
State Historical Library, with the sanction of the Governor. 
Approved May 12, 1905. 



§ 1. Quarterly reports to State Board of Char- 
ities. 

§ 2. Register kept by State Board. 

§ 3. State visiting agent— appointment- 
duties— pay— qualifications. 

§ 4. Further duties of State agents. 



HOME-i'INDING FOR CHILDREN. 

§ 5. Report of agents— form of report. 

§ 6. Care and removal of children. 

§ 7. What institutions subject to this act. 

§ 8. Penalties. 

§ 9. Appropriates $4, .500 per annum. 

Approved May 13, 190.5. 

An Act to iirovide for the visitation of children placed in family homes. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented, in the General Assembly : It shall be the duty of the 
superintendent or secretary of every association incorporated for the 
purpose of doing the business of caring for dependent, neglected or 
delinquent children, which is supported in whole or in part by funds 
from any public treasury, to report to the State Board of Public 
Charities, on the last day of the months of March, June, September 
and December of each year, the name, age and sex of every child 
placed or replaced in a family home by such association or institu- 
tion, together with the name and address of the family with which 
such child is placed; such quarterly reports to be made on such 
blanks as may be prescribed by the Board of Public Charities. It 
shall be the duty of any circuit or county judge, county supervisor, 
overseer of the poor, or other public official, who shall place any child 
in any family home to report the same in like manner. It shall be 
the duty of every x^erson, not a public official or an official of an asso- 
ciation or institution, who receives public money from any public 
treasury, to assist in providing for any such child as above stated, 
who may place any child not his or her own offspring, in any family 
home, to report the same in like manner. 

§ 2. Record of children placed in homes.] The State Board 
of Public Charities shall cause to be kept in its office a complete 
record of all children reported as aforesaid. This record shall not be 
a public record, and it shall be unlawful for any agent of said board, 
or any other person, to disclose the name or address of any child so 
placed or of the family in which it may be placed. 

§ 3. Appointment of visitors ] It shall be the duty of the State 
Board of Charities to appoint a State agent, who shall receive a salary 
of one hundred (100) dollars per month, in addition to his actual and 
necessary traveling expenses incurred in the performance of his official 
duties; and not exceeding two (2) visitors, who shall receive such 
compensation as shall be fixed by the said board, not exceeding- 
seventy-five (75) dollars per month in addition to their actual and 



APPROPRIATIONS. 35 



necessary traveling expenses. These visitors shall be discreet men 
and women, selected with a sjDecial view to their wisdom and fitness 
for visiting such children; and in case the Legislature shall enact a 
civil service law to control the appointment of State employes, then 
the visitors provided for in this act shall be subject to the provisions 
of such civil service law. 

§ 4. Duties of Visitors.] It shall be the duty of the State 
agent to have general charge of the work of visitation, under such 
rules as the State Board of Public Charities may prescribe; and it 
shall be the duty of the visitors provided for in section three (3) to 
visit children placed in homes, and said visitors shall act under such 
rules as may be prescribed by the State Board of Public Charities. 
The State Board of Public Charities may, in its discretion, permit the 
child to be visited by an agent of the association or institution by 
which the child may have been placed in a home, and may accept the 
report of such agent: Provided, that such visit shall be made in ac- 
cordance with the rules established by said State Board of Public 
Charities, and shall have been reported on the blanks provided for in 
this act; And, provided, further, that such permission shall not be 
given until the agents of said board shall have visited a sufficient 
number of the wards of such association or institution to enable the 
said State board to ascertain the quality of the work done by such 
association or institution. After a child shall have been legally 
adopted in accordance with the laws of the State of Illinois, then 
said child shall no longer be subject to the visitation provided for in 
this act. 

§ 5. Blank Form of Reports.] Visits to children made in 
accordance with the provisions of this act shall be reported on blanks 
to be furnished by the State Board of Public Charities. Such blanks 
shall be printed on heavy paper 8f by 8^ inches, and shall read sub- 
stantially as follows : 

State of Illinois, Board of Public Charities. 

REPORT OF visit TO A CHILD. 

Name of child Age 

Date of visit 

Placed by what organization ? 

When placed ? 

With whom x^laced 

Postoffice Residence 

Distance and direction from nearest R. R. station 

Condition of the child as to health 

Clothing Manners 

Is the child obedient? Helpfid? Happy "? 

Kind of work done by the child 

What bad habits, if any? 

Does the child go regularly to church ? 

Sunday school ? Day school ? 

Number of weeks in school the past year 



36 APPKOPRIATIONS. 



Name and address of school teacher 

Name and address of pastor 

Condition of home as to cleanliness 

Order Comfort 

Appearance of the yard, etc 

What newspaper taken 

Character of books, pictures, etc 

Observe relations between child and foster parents 

Affectionate Confidential 

Is the home adapted to the child? 

School teacher's testimony, if any. as to clothing, character and train- 
ing 

General observation as to condition and welfare 



Have you any recommendations to offer? 

What suggestions, if any. were made to the foster parents?. 



§ 6. Caee and Removal of Children.] It shall be the duty of 
the State Board of Public Charities to furnish to the association, in- 
stitution or individual that may have placed a child in a family home 
a copy of the report of the visit of said board, within thirty (30) days 
after said child shall have been visited. If the visitor shall find that 
the child is cruelly treated or is not receiving suitable school ad- 
vantages, or that for other good reason the home is not a suitable 
place for the child, it shall be the duty of the said Board of Public 
Charities to notify forthwith the association, institution or individual 
that may have placed such child, furnishing them with a copy of such 
report. If said association, institution or individual shall not take 
suitable action in the case within fifteen (15) days, the said State 
Board of Public Charities may cause the said child to be removed 
from the home in which it had been placed, and may return the child 
to the said association, institution or individual, or to the circuit or 
county court in the county from which said child was originally 
received; and the actual and necessary expenses of such removal shall 
be paid by the agency that originally placed such child. 

§ 7. Visitation of Wards of Other Associations and Insti- 
tutions.] The State Board of Public Charities shall have authority 
to place any association or institution embracing in its work the 
placing of children in family homes, on the list of institutions subject 
to the provisions of this act, on application of the board of trustees or 
directors of such association or institution. When any association or 
institution shall have been so placed on the list it shall be subject to the 
provisions of this act, and the children placed in homes by such associa- 
tion or institution shall be subject to the visitation of the State Board of 
Public Charities until further action of said State Board of Public 
Charities. 



APPEOPRIATIONS. 3T 



§ 8. Penalty.] The agent of any association or institution, or 
-any person who shall violate the provisions of section one ( 1 ) of this 
-act, or any i^erson who shall disclose the name or address of a child, 
■or of the family in which it may be j)laced, in violation of section two 
(2) of this act, shall be guilty of a misdemeanor. 

§ 9. Appropriation.] There is hereby appropriated from any 
funds in the State treasury, not otherwise appropriated, for the use of 
the State Board of Public Charities, in carrying out the provisions of 
this act, the sum of forty-live hundred dollars ($4,500) for the year 
-ending June 30, 1906, and forty-five hundred dollars (34,500) for the 
year ending June 30, 1907. 

Approved May 13, 1905. 



HORTICULTURAL SOCIETY. 
■%1. Appropriates $5, OOOper annum. I Approved May 12, 1905. 

-§ 2. How drawn. I 

An Act making an appropriation in aid of the Illinois State Horticul- 
tural Society. 

Section 1. Be if enacted by the People of the State of Illinois, 
represented in the General Assembly : That there be, and is hereby, a-p- 
propriated for the use of the Illinois State Horticultural society, the 
sum of five thousand dollars (35,000) per annum, for the purpose of 
■advancing the growth and development of the horticultural interests of 
the State for the years 1905 and 1906, said sum to be expended by 
said society for the x^urpose and in the manner specified in "An act 
to organize the Illinois State Horticultural society," approved March 
24. 1874: Provided, hoivever, that no portion thereof shall be paid 
for ( or) on account of, any salary or emoluments of any officer of said 
society, except the secretary, who may receive not to exceed four 
hundred dollars (S400) per annum; And, provided, further, that at 
least one thousand dollars ($1,000) of said sum be expended each 
jear in field experiments. 

§ 2. The Auditor of Public Accounts is hereby authorized to draw 
Tiis warrant upon the State Treasurer for the sum in this act specified 
on bills of particulars certified to by the officials of said society, to 
"the order of the president of said society and the State Treasurer shall 
pay the same out of any fund in the treasury not otherwise appropri- 
ated. 

Approved May 12, 1905. 



38 APPROPRIATIONS. 



HYDROPHOBIA VICTIMS — AID AUTHORIZED 

Preamble. 

§ 1. Transportation of afflicted authorized. 



Expenses of transportation a charge on 
county. 



§ 3. Expense of treatment a charge upon 
State— $2,000 appropriated. 

§ 4. Annual report to Governor. 

Approved May 12, 1905. 



An Act to provide for the treatment and care of poor persons afflicted 
with the disease called rabies. 

Whereas. The Forty-fourth General Assembly of the State of Illi- 
nois recognizes the duty of the State to provide care for such of its 
citizens as are, or may become afflicted with the disease of rabies or 
hydrophobia : therefore. 

Section 1. Be it enacted hy the Peoj^le of the State of Illinois, 
represented in the GeJieral Assembly : That overseers of the poor 
or other officers having charge of the dispensation of public charity 
in the several counties of this State may hereafter send to an institu- 
tion within the State of Illinois for the preventive treatment of 
hydrophobia, such institution to be selected by the State Board of 
Health, all poor persons duly certified by regular physicians to have 
been bitten by rabid animals or otherwise put in danger of infection 
with rabies. 

§ 2. The transportation of such poor persons, with necessary at- 
tendant or attendants to and from said institution, shall be a charge 
upon the counties in which they reside. The sustenance, nursing 
and preventive treatment of such poor person for the time adjudged 
necessary shall be provided by such institution. 

§ 3. The charges for the services of said institution shall be paid 
by the State of Illinois at a rate not exceeding one hundred dollars 
a patient, and there is hereby appropriated the sum of two thousand 
dollars, or as much thereof as may be necessary to expend for the 
purpose of this act. 

§ 4. The said institution shall be at all times open to the inspec- 
tion of the Governor and of the State Board of Health or of the ac- 
credited representative of either, and shall annually, (m or before the 
fifteenth of January of each year make its rejDort to the Governor. 

Approved May 12, 1905. 



APPEOPKIATIONS. 39 



ILLINOIS AND MICHIGAN CANAL STOCK. " ■ . •■ '' ■ 

§1. Appropriates $2,235. I §2. How drawn. 

I Approved May 12, 1905. 

An Act to make an appropriation to pay the amount due on one bond, 
numbered 121^, of the class of State bonds hnotvn as "Illinois and Mich- 
igan Canal Stock," issued under an act to fund State scrip, approved 
Fehrvxiry 22, 18^7. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That the sum of two thous- 
and two hundred and thirty-five dollars ($2,285) be, and the same 
is hereby appropriated out of any funds in the State treasury not 
otherwise appropriated, for the purpose of paying State bond num- 
bered 724, for one thousand dollars ($1,000), of the class of State 
bonds known as "Illinois and Michigan Canal Stock," issued under 
an act to fund State scrip, approved Feb. 22, 1847, and six per cent 
interest on the same from July 1, 1847 to Feb. 15, 1868, the date when 
said bond was called. 

§ 2. That the Auditor of Public Accounts be, and he is hereby 
authorized and directed to draw his warrant upon the State Treasurer 
for said sum of two thousand two hundred thirty-five dollars ($2,- 
235), payable to the legal holder of said bond upon presentation of 
the same to the Auditor of Public Accounts for payment and cancel- 
ation. 

Approved May 12, 1905. 



improvement of ILLINOIS RIVER. 
§1. Appropriates $25,000. I §3. How drawn. 

§2. Appropriates $15,000. ! Approved May 18, 1905. 

An xA-CT making an appropriation for the maintenance of navigation in 
and along such portions of the Illinois river as are under the jurisdic- 
tion of the canal commissioners. 

Section 1. Be it enacted by the People of the State of Illinois 
represented iyi the General Assembly: That for the purpose of main- 
taining navigation in and along such portions of the Illinois river as 
are under the jtirisdiction of the canal commissioners, there is hereby 
appropriated the sum of twenty-five thousand dollars ($25,000), the 
same to be paid to the treasurer of the canal commissioners, upon his 
written requisition therefor. 

§ 2. That for the purpose of restoring that portion of the Illinois 
river, near the city of La Salle, known as the steamboat channel and 
basin, to a navigable condition, there is hereby appropriated the sum 
fifteen thousand (15,000) dollars, the same to be paid to the treasurer 
of the canal commissioners, upon his written requisition therefor. 



40 APPEOPEIATIONS. 



§ 3. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants upon the State Treasurer for the sums 
herein appropriated upon the written request of the treasurer of the 
canal commissioners and ajDproved by the Governor. 

Approved May 18, 1905. 



INTERNAL IMPROVEMENT COMMISSION. 

§ 3. A ppropriates $1, 000 for expenses. 
§ 4. How drawn. 
Approved May 16, 1905. 



§ 1. Improvement commission established- 
appointment of commissioners. 

§ 2. Duties of commissioners. 



An Act to provide for the appointment of an internal improvement 
commission and to malce an appropriation therefor. 

Section 1. Be it enacted by the People of the State of Illinois 
7'epresented in the Ge7ieral Assembly : That there be appointed by 
the Governor a commission to be known as the Internal Improvement 
Commission of Illinois, to be composed of three persons of high prac- 
tical business qualifications, two of whom, at least, shall reside in 
counties contiguous to a navigable river in this State. 

§ 2. The duties of this commission shall be to investigate the var- 
ious problems associated with a projected deep waterway from Lake 
Michigan to the Gulf of Mexico and the reclamation of lands subject 
to overflow or inundation, the construction of practical and substan- 
tial levees, the ascertaining of the acreage of lands now subject to in- 
undations from rivers, the increase from benefits to be derived from 
this proposed deep waterway and reclamation of lands subject to over- 
flow or inundation, and such other statistics and data as will intelli- 
gently enable the next General Assembly to properly formulate and 
devise ways and means whereby legislative enactment may be had to 
carry out and i)ut into efl^ect the benefits to be derived by a deep 
waterway from Lake Michigan to the Gulf of Mexico and reclamation 
of lands subject to inundation in Illinois. The results of these in- 
vestigations and studies, together with all obtainable data and statis- 
tics, to be embodied in a report of all its workings to the next Gen- 
eral Assembly. Such commission shall receive no compensation for 
its services other than the necessary and legitimate expenses incurred 
l)y it in the discharge of its official business. The powers and ex- 
penses of this commission shall close at the expiration of two years 
ifrom the time of its appointment. 

§ 8. The sum of seven thousand dollars, or such part thereof as 
is necessary, is hereby aj)pointed out of the State Treasury for the 
■expenses of the said commission. 

§ 4. The Auditor of Public Accoimts is hereby authorized and 
(directed to draw his warrant for the sum herein appropriated on pres- 
entation of proi^er vouchers, certified by said commission and ap- 
proved by the Governor, and the Treasurer shall pay the same out of 
±he money hereby a^jpropriated. 

Approved May 16, 1905. 



APPEOPEIATIONS. 41 



LIVE STOCK BEEEDEES' ASSOCIATION. 
§1. Appropriates $500 per annum. §4. Annual report to Governor. 

§ 2. Appropriation not for salaries. Approved May 12, 1905. 

-§3. How drawn. i 

An Act making an appropriation for the Illinois Live Stoch Breeders' 

Association. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That there be, and hereby 
is, appropriated to the Illinois Live Stock Breeders' Association the 
following sums, to- wit: For printing and distributing reports, pro- 
grams, postage, stationery, expenses of speakers, etc., the sum of five 
hundred dollars ($500) per annum for the years 1905 and 1906. 

§ 2. No officer or officers of the Illinois Live Stock Breeders' 
Association shall be entitled to receive any money compensation 
whatever for any service rendered for same. 

§ 3. That on the order of the president, countersigned by the sec- 
retary of the Illinois Live Stock Breeders' Association and approved 
by the Governor, the Auditor of Public Accounts shall draw his war- 
rant on the Treasurer of the State of Illinois in favor of the treasurer 
of the Illinois Live Stock Breeders' Association for the sum herein 
appropriated. 

§ 4. It shall be the duty of the treasurer of the Illinois Live Stock 
Breeders' Association to pay out of said appropriation, on itemized 
and receipted vouchers, such sums as may be authorized by said or- 
ganization, on the order of the president, countersigned by the secre- 
tary, and make annual report to the Governor of all expenditures, as 
provided by law. 

Approved May 12, 1905. 



MILK PEODUCEES' INSTITUTE. 
§1. Appropriates $500 per annum— how drawn. | Approved May 12, 1905. 

An Act to make an appropriation to the State Milk Producers' Institute. 
An act to appropriate $1,000 for the Milk Producers' Institute of Illi- 
nois. 

r Seciion 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the sum of $500 per 
annum for the years 1905 and 1906 is hereby appropriated out of any 
moneys in the State treasury, not otherwise appropriated, for the use 
and benefit of said association, and the State Auditor is hereby 
authorized to draw his warrant for same and deliver to the treasurer 
of the Illinois State Milk Producers' Institute upon his presenting 
proper receipt therefor certified by the president and secretary of said 
association; said amount to be used for the purpose of holding the 
-annual convention and institute of said association and for the pur- 



42 APPEOPRIATIONS. 



pose of educating and instructing those interested in the economic 
and sanitary production of milk, and for such other purposes as in 
the judgment of the officers shall best subserve the interests of the 
Illinois State Milk Producers' Institute. 
Approved May 12, 1905. 



MONUMENTS — CAMPBELL'S ISLAND, EOCK ISLAND COUNTY. 



§1. Appropriates $5,000. 
§ 2. How drawn. 



Approved May 18, 190.5. 



An Act to 'provide for the erection of a monument on Campbell's Island, 
Rock Island comity, Illinois, and making an appropriation therefor. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly : That there be and there is 
hereby appropriated out of the funds in the State Treasury not other- 
wise appropriated, the sum of five thousand dollars ($5,000) for the 
purpose of defraying the expenses of erecting on Campbell's Island, 
Rock Island county, Illinois, a suitable monument to the memory of 
the sixteen volunteer soldiers who were killed in an all day's engage- 
ment with the Indians on July 19, 1814, at the battle of CampbelPs 
Island. 

§ 2. Moline Chapter of the National Society of the Daughters of 
the American Revolution shall have the charge and direction of the 
erection of such monument, and the Auditor of Public Accounts is 
hereby authorized to draw his warrant upon the State Treasurer for 
the aforesaid sum of five thousand dollars ($5,000) upon the order of 
said chapter, signed by its regent and attested by its secretary, and 
said order approved by the Governor. 

Approved May 18. 1905. 



MONUMENTS — HARDING, LASALLE COUNTY. 

Preamble. [ §2. How drawn. 

§1. Appropriates $5,000. | Approved May 18, 1905. 

An Act to make an appropriation for the erection and maintenance of 
a suitable monument near the village of Harding, in the county of La- 
Salle and State of Illinois, to the memory of the sixteen men, women 
and children who ivere there massacred by the hostile Indians under 
the Chief Blackhatvk, on the 21st day of May, A. D. 1832. 

Whereas, On May 21, 1832, sixteen white men, women and 
children were massacred by the hostile Indians on the north bank of 
Indian Creek, near the village of Harding, in the county of LaSalle 
and State of Illinois; and. 

Whereas, The county of LaSalle has recently purchased about 
three and one-half acres of land upon the site of said massacre, and 



APPROPRIATIONS. 48 



donated tlie same to the public to be used as a park in commemora- 
tion of the said massacre, and of the history of the pioneers who first 
settled in that portion of the State of Illinois; and, 

Whereas, The history of the said massacre is a matter of history 
of importance to the people of the State of Illinois, and is worthy of 
commemoration; and. 

Whereas. For the purpose of erecting a suitable monument and 
otherwise beautifying the said park, it will be necessary to raise more 
money than could be secured by private subscription; and. 

Whereas, Said LaSalle County Memorial Association has been 
organized under and by virtue of the laws of the State of Illinois; 
therefore, 

Section 1. Be if enacted hij the People of the Stale of Illinois 
represented in the General Assemhl ij : That there be, and is hereby 
appropriated out of any funds in the State treasury not otherwise ap- 
propriated, the sum of five thousand dollars ($5,000) for the pur- 
pose of assisting in defraying the expenses of erecting near the village 
of Harding, LaSalle county. Illinois, upon a park site provided by the 
county of LaSalle, a suitable monument to the memory of the sixteen 
white men, women and children who were massacred there on May 
21, 1832, by the Indians, and for assisting in defraying the expenses 
of beautifying said park site. 

§ 2. That the LaSalle County Memorial Association of the said 
La Salle county, having been duly organized as a corporation under 
and by virtue of the laws of the State of Illinois, shall have the 
charge and direction of the erection of such monument and the ex- 
penditure of said appropriation; and the Auditor of Public Accounts 
is hereby authorized to draw^ his warrants upon the State Treasurer 
for the aforesaid sum of five thousand dollars ($5,000) upon the 
order of the said LaSalle County Memorial Association as a corpora- 
tion, signed by its president and attested by its secretary, and said 
order approved by the Governor. 



Approved May 18, 1905. 



monuments — .JOHN .7. HARDIN, -JACKSONVILLE. 
§1. Appropriates $600. 1 §3. How drawn. 

§2. Commissioners to administer act. I Approved May 12, 1905. 

An Act to repair the monument of General John J. Hardin, at Jachson- 
ville, Illinois, and appropriating money therefor. 

Section 1. Be it enacted hy tJie People of the State of Ilhnois 
represented in tlie Genercd Assembly: That there be, and hereby is, 
appropriated the sum of six hundred dollars ($6(X)), or as much 
thereof as is necessary, to properly repair the monument, gravestone 
and coping on the burial lot of General John J. Hardin in the East 
Cemetery at Jacksonville. 



44 APPROPRIATIONS. 



Section 2. That for the purposes of carrying out the purposes of 
this act, the Governor shall appoint three commissioners, to whom no 
compensation for services or expenses shall be paid, and said com- 
missioners shall make full report to the Governor of their acts and 
doings hereunder. 

Section 3. The Auditor of Public Accounts is hereby authorized 
and directed to draw his warrants on the Treasurer, on the presenta- 
tion of proper vouchers certified by said commissioners and approved 
by the Governor, for the payment of said repairs to the extent of said 
appropriation hereby made, when said repairs are completed. 

Approved May 12, 1905. 



MONUMENTS — VICKSBURG BATTLE GROUND. 

i 1. Re-appropriates unexpended balance of | §3. Dedication of work— publication of re- 
$1.50,000. port. 



§ 2. Appropriates $100,000 additional. 



§ 4. How drawn. 
Approved May 18,1905. 



An Act to provide for the re-appropriation of the unexpended balance 
of funds appropriated in and hy an act entitled, "An Act to provide 
for the erection of monuments arid marhers to commemorate the ser- 
vices and mark the positions of Illinois Volunteers in the campaign 
and siege of VicJcshurg, Mississippi, and making appropriation there- 
for/' approved May IJ/., 1903, in force July 1, 1903; and also to make 
additional appropriation for the completion of said monuments and 
mai'kers mentioned i?i said act, and for the dedication thereof, and for 
the compilation and publication of a report thereof and of the acts 
and doings of the commission thereby created. 

Section 1. Be if enacted hy the People of the State of Illinois 
represenfed in the General Assemhlij : That, for the purpose of 
carrying out the provisions of an act entitled, "An act to provide for 
the erection of monuments and markers to commemorate the services 
and mark the positions of Illinois Volunteers in the campaign and 
siege of Vicksburg, Mississi^jpi, and making appropriation therefor," 
approved May 14, 1903, in force July 1, 1903, so much of the said 
sum of one hundred and fifty thousand ( 150,000) dollars appropriated 
in and by said act, for the purposes in said act specified, as shall not 
be expended on or before the thirtieth day of September, A. D., 1905, 
is hereby re-appropriated from the State treasury of Illinois, for the 
purposes specified in said act, the same to be expended and paid out 
in accordance with the provisions of said act. 

Section 2. For the purpose of providing sufficient funds for the 
payment of the total expenditures contemplated in and by said act, 
approved May 14, 1903, in force July 1-, 1903, mentioned in the first 
section of this act, there is now hereby appropriated the further sum 
of one hundred thousand (100,000) dollars, to be expended by and 
Tinder the direction of the lUinois-Vicksburg Military Park Commis- 



APPEOPKIATIONS. 45 



sion, created by said act, for the purposes in said act specitied, out of 
moneys in the State treasury not otherwise appropriated, the same to 
be paid out in the manner specified in said act above mentioned. 

Section 3. The Illinois-Vicksburg Military Park Commission is 
hereby authorized, when the work contemplated by the act approved 
May 14, 1903, in force July 1, 1903, is completed, to make an appro- 
priate dedication of said State monument or memorial and such 
other monuments and markers, and for the compilation and publica- 
tion of a report thereof and of the acts and doings of said commis- 
sion in such behalf, and for such purpose there is hereby appropri- 
ated the sum of ten thousand dollars out of any moneys in the State 
treasury not otherwise apioropriated. 

Section 4. The Auditor of Public Accounts is hereby authorized 
and directed to issue his warrant on the State Treasurer for said sum 
of ten thousand dollars upon the certificate of said commission, 
signed by its president and secretary and approved by the Governor. 

Approved May 18, 1905. 

NATIONAL GUAKD — OEDINARY AND CONTINGENT EXPENSES. 

§1. Appropiiatesforitemsenumerated$276,- ; §2. How drawn. 

050 for 190.', and $266,050 for 1906-for | Approved May 18, 1905. 
emergency fund $50,000. 

An Act to provide for the ordinary and contingent expenses of the Illi- 
nois National Guard and Illinois Naval Reserve. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the Geyieral Assembly : That three hundred twenty- 
five thousand, four hundred forty dollars, (*$325,440), per annum, or so 
much thereof as may be necessary, is hereby appropriated to pay the 
ordinary and contigent expenses of the Illinois National Guard and 
Illinois Naval Reserve. 
Transportation, subsistence, camp pay, officers and men 

under orders $118,700.00 

*Horse hire and forage 10,000.00 

Medical supplies, fuel for camp, coal for steaming Doro- 
thea, tugs, naval supplies, ship's chandlery, general 

expenses, engine room repairs, and supplies 7,350.00 

Inspection of companies at home stations, boards of ex- 
amination, survey, and court martial 5,000.00 

*Lighting camp, laundering bed-sacks and blankets, 

telephones, general repairs and incidentals 3,990.00 

*Target practice, ammunition, transportation, repairs 

and general expense on rifle ranges 30,000.00 

*Civilian employes 10,000.00 

Horses for drills 5,0a).00 

Armory rents, water, light, fuel, janitor service, and in- 
cidental expenses necessary to maintenance of arm- 
ories 130,000.00 

*Miscellaneous expenditures during the year 5,400.00 

*Total $325,440.00 



46 APPEOPRIATIONS. 



That the further sum of tifty thousand dollars ($50,000) is hereby 
appropriated as an emergency fund to be used by the Governor in 
cases of emergency when the Illinois National Guard or Illinois Naval 
Reserve are called into active duty by the Governor to protect the life 
and projDcrty of the citizens of the State. No jjortion of said sum to 
be expended or paid except upon the express order of the Governor. 

§ 2. The Auditor of Public Accounts is hereby authorized and di- 
rected to draw his warrant for the sum herein specified, upon the pres- 
entation of proper vouchers, certified to by the Adjutant General and 
approved by the Governor, and the Treasurer shall pay the same out 
of the money hereby appropriated. 

Appeoved May 18, 1905. 

* I hereby certify that the foregoing act, as printed above, is a correct copy of House Bill 
No. 603, as enrolled and submitted to the Governor fo? his approval. The items marked with 
a star, to-wit: "Horse hire and forage, beginning July 1st, 1906, $10,000; target practice, am- 
munition, transportation, repairs and general expenses on ritie ranges, per annum $30,000 — 
$60,000; civilian employes, per annum $10, 000.00— $20, 000.00 ; lighting camp, laundry, bed- 
sacks, blanks, telephones, general repairs and incidentals, per annum $3,990— $7,980; miscel- 
laneous expenditures, per annum .$.5,400— $10,800; (total) $108.780, " were vetoed by the Gov- 
ernor, and the remaining items approved, by which action the total appropriation for the or- 
dinary and contingent expenses of the Illinois National Guard and the Illinois Naval Reserve 
is reduced from .$32.5,410 as printed above to $276,050 for the year 1805, and from $325,440 as 
printed above to $266,0.50 for the year 1906. 

James A. Rose^ 

Secretaiy of State. 



NATIONAL GUAED— UNTFOEMS AND BLANKETS. 
§ 1. Appropriates $54,2.50 for uniforms and | §2. How drawn. 

^^^"'^^^®- ; Approved May, 18, 190.5. 

An Act to 'provide, for the purchase of wviforms and ponchos, and for 
repairs, cleaning, etc., for the Illinois National Guard and Illinois 
Naval Reserve. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the sum of twenty-two 
thousand, one hundred twenty-five dollars ($22,125), or so much 
thereof as may be neecessary, is hereby apjjropriated to pay for the 
manufacture and purchase of twenty-five hundred (2,500) kahki uni- 
forms, eleven thousand, eight hundred seventy-five dollars ($11,875); 
ponchos, fifteen hundred dollars ($1,500); and repairs and cleaning of 
uniforms, etc., eight thousand, seven hundred fifty dollars ($8,750), 
for the Illinois National Guard and the Illinois Naval Reserve. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant for the sum herein sijecified, upon the 
13resentation of proper vouchers, certified to by the Adjutant General 
and aj)proved by the Governor, and the Treasurer shall jjay the same 
out of the money hereby approjjriated. 

Appeoved May 18, 1905. ■ : ■ . 



APPEOPKIATIONS. 



47 



PENAL AND EEFORMATOEY — SOUTHERN PENITENTIARY. 



Appropriates '3227,500 for year ending 
June 30, 1906 and $215, 000 for year end- 
ing- June 30, 1907— and $16, 250 for items 
enumerated. 



§2. How drawn. 

Approved May 18, 1905. 



An act making an appi'opriation for the Southern Illinois Peniten- 
tiary and to enable the commissioners thereof to keep the convicts 
in said penitentiary employed. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly : That the following amounts, 
or so much thereof as may be necessary, be and the same are hereby 
appropriated to the Southern Illinois Penitentiary, for the purposes 
hereinafter named and no other: 

For ordinary expenses for the year ending June 30, 1906 . . . $227,500 
For ordinary expenses for the year ending June 30, ],907 . . . 215,000 
And to enable the commissioners to kee^o employed, in accordance 
with the law. the convicts of said penitentiary, and the commissioners 
are hereby authorized to expend so much of the amounts hereby ap- 
X^ropriated as may be necessary to keep employed, as nearly as may 
be, all iDrisoners who are now, or may hereafter become idle, but in 
accordance with law: Provided, hoivever, that no part of the amounts 
herein appropriated shall be used in the aid, support or maintenance 
in any form or manner whatever of the Board of Prison Industries of 
the State of Illinois, or of any officer or employe of such board. 
For maintaining library and furnishing chapel, $250 per an'm $ 500 

For enforcing the parole law, $2,500 per annum ,. . 5,000 

For contingent expenses, $5,000 per annum 10,000 

For the purchase of milch cows 750 

§ 2. The Auditor of Public Accounts is hereby authorized and di- 
rected to draw his warrants on the State Treasurer for the amounts 
herein appropriated quarterly in advance, in s ) far as it relates to 
the appropriations for ordinary expenses, upon the order of the 
board of commissioners of said penitentiary, signed by the president 
and attested by the secretary, with the seal of the institution and the 
approval of the Governor thereto attached : Provided, that no part 
of such sums shall be due and payable to said institution until a de- 
tailed statement of receipts from all sources, together with a detailed 
statement of the expenditures, accompanied by the original vouchers, 
is filed with the Auditor of Public Accounts for all larevious expend- 
itures incurred, and such detailed statement of receipts and expend- 
itures shall show the balance on hand at the beginning of the period 
for which such statement is made, the total amount received and ex- 
pended, and the balance on hand at the close of the quarter for which 
the same is made; and the Auditor of Public Accounts is hereby 
authorized and directed to draw his warrants on the State Treasurer 
for the sums herein api^ropriated for special purposes upon the order 
of the board of commisioners when accompanied by itemized bills of 



48 APPROPRIATIONS. 



particiilar[s], signed by the president and attested by the secretary, 
with the seal of the institution and the approval of the Governor 
thereto attached, certifying that the expenditures mentioned in said 
bill of particulars has been made and that the amount is due and_ 
payable. 

Approved May 18, 1905. 



PENAL AND REFORMATORY — STATE PENITENTIARY. 

§1. Appropriates for ordinary expenses I §2. How drawn. 

$240, 000 per annum— for items enum- ! . j ,c ,o ^^^^ 

/ 1 i.,A" r^r. ' Approved May 18, 1905. 

erated $107,000 per annum. " ! 

An Act to make appropriation for ordinary and other expenses of the 
Illinois Penitentiary at Joliet. 

Section 1. Be if enacted by the People of the State of Illinois, 
represented in the General Assembly : That the following amounts, 
or so much thereof as may be necessary, be, and the same are hereby 
appropriated to the Illinois State Penitentiary at Joliet, for the pur- 
poses hereinafter named and no other: 

For ordinary expenses for the year ending June 30, 1906 .... $240,000 
For ordinary expenses for the year ending June 30, 1907 .... 240,000 
For meeting the expenses of maintaining and operating the 

parole system, the sum of $7,000 per annum 14,000 

For the purpose of carrying on manufacturing, and for the 
purchase of material as provided for by the anti-convict 
labor act, no part of which shall be used in the aid, sup- 
port or maintenance in any manner whatever of the Board 
of Prison Industries of the State of Illinois, the sum of 

$100,000 per annum 200,000 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants on the State Treasurer for the amounts 
herein appropriated, quarterly in advance, in so far as it relates to the 
appropriations for ordinary expenses, upon the order of the board of 
commissioners of said penitentiary, signed by the president and at- 
tested by the secretary, with the seal of the institution and the 
apjjroval of the Governor thereto attached: Provided, that no part of 
such sums shall be due and payable to said institution until a de- 
tailed statement of receipts from all sources, together with a detailed 
statement of the expenditures, accompanied by the original vouchers, 
is filed with the Auditor of Public Accounts for all previous expendi- 
tures incurred, and such detailed statement of receipts and expendi- 
tures shall show the balance on hand at the beginning of the period 
for which such statement is made, the total amounts received and 
expended, and the balance on hand at the close of the quarter for 
which the same is made; and the Auditor of Public Accounts is 
hereby authorized and directed to draw his warrants on the State 
Treasurer for the sums herein appropriated for special purposes upon 



APPEOPRIATIONS. 49 



the order of the board of commissioners when accompanied by item- 
ized bills of particular[s], signed by the president and attested by the 
secretary, with the seal of the institution and the approval of the 
Cxovernor thereto attached, certifying that the expenditures mentioned 
in said bill of particulars have been made and that the amount is due 
and payable. 
Appeoved May 18, 1905. 



PENAL AND EEFORMATORY — STATE EEFORMATOEY. 



§ 1. Appropriates for year ending June 30, I §2. How drawn. 

1906, $24.i,0C0; for year ending June SO, ' . , at -.o -.nn- 

,,,„„ i.,o„ ,,„^ f ■ ., ^ ^ I Approved May 18, 190d. 

IhOi, $180, 000— for Items ei-iumerated, 

$112, 400. I 

Ax Act to make appropriations for ordinary and other expenses of the 
Illinois State Reformatory at Pontiac. 

Section 1. Be it enacted hy the Peojjle of the State of Illinois, 
represented in the General Assembly: That the following amounts, 
or so much thereof as may be necessary, be, and the same are hereby 
appropriated to the Illinois State Reformatory, at Pontiac, for the 
purposes hereinafter named and no other: 

For ordinary expenses for the year ending June 30, 190B. . . $245,000 
For ordinary expenses for the year ending June 30, 1907 . . . 180,000 
For meeting the expenses of maintaining and operating the 

parole system, the sum of $15,000 per annum 30,000 

For repairs on roofs of buildings, renewing and rebuilding 

steam and water pipes, engines and machinery and to 

make such other repairs as may be required to keep said 

reformatory placed in ordinary repair, the sum of 10,000 

For maintenance of electric light plant, telephone, telegraph 

and lire alarm system, the sum of $2,000 per annum 4,000 

For the i^urchase and installation, complete, of three new 

steel 450 horse power boilers, the sum of 20,000 

For the purchase of two new dynamos, the sum of 2,000 

For materials for trade schools instruction, the sum of 

$5,000 per annum 10.000 

For establishment and maintenance of manual training 

school, the sum of 10,000 

For school books for inmates, the sum of $600 per annum. . 1,200 

For school seats, maps, desks and charts, the sum of $600 

per annum / 1,200 

For extension and equipment of library, the sum of 1,500 

For teams, cows and additional farm machiner}-. the sum of 2,000 
For apparatus with which to fit up a dental room in hospital. 

the sum of 500 



-4 L 



50 APPEOPRIATIONS. 



For the purpose of carrying on manufacturing and for the 
purchase of materials as provided for by the anti-convict 
labor act, no part of which shall be used in the aid, sup- 
port or maintenance in any manner whatever of the Board 
of Prison Industries of the State of Illinois, the sum of. . $20,000 
§ 2. The Auditor of Public Accounts is hereby authorized and di- 
rected to draw his warrants on the State Treasurer fOr the amounts 
herein appropriated, quarterly in advance, in so far as it relates to 
the appropriations for ordinary expenses, upon the order of the board 
of managers of said reformatory, signed by the president and attested 
by the secretary with the seal of the institution and the approval of 
the Governor thereto attached: Provided, that no part of such sums 
shall be due and payable to said institution until a detailed statement 
of receipts from all sources, together with a detailed statement of the 
expenditures accompanied by the original vouchers is filed with the 
Auditor of Public Accounts for all previous expenditures incurred 
and such detailed statement of receipts and expenditures shall show 
the balance on hand at the beginning of the period for which such 
statement is made, the total amounts received and expended, and the 
balance on hand at the close of the quarter for which the same is 
made; and the Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants on the State Treasurer for the sum 
hereby appropriated for special purj^oses upon the order of the board 
of managers, when accompanied by itemized bills of particulars, 
signed by the president and attested by the secretary, with the seal 
of the institution and ai^proval of the Governor thereto attached, cer- 
tifying that the expenditures mentioned in said bills of i^articulars 
has been made and that the amoimt is due and payable. 
Approved May 18, 1905. 



POULTRY ASSOCIATION. 



§ 4. Annual report to Governor. 
Approved May 12, 1905. 



§1. Appropriates $1,000 per annum. 
§ 2. No appropriation for salaries. 
§ 3. How drawn. 

An Act making an appropiiation for the Illinois State Poultry Associa- 
tion. 

Section 1. Be it enacted by the People of fJte State of Illinois 
represented in the General Assemhly : That the sum of one thousand 
dollars ($1,000) per annum for the years 1905 and 1906 be, and is 
hereby api^ropriated out of any money in the State treasury not other- 
wise appropriated, for the use and benefit of the Illinois State Poultry 
Association; said amount to be used for the purpose of promoting the 
poultry interests in Illinois, of holding annual exhibitions of all 
standard breeds of poultry in this State, of jDaying premiums awarded 



APPROPRIATIONS. 51 



at such exhibitions, of providing any necessary equipments for such 
exhibitions as the association may deem necessary, of defraying the 
expenses of the annual meetings, and for such other purposes as in 
the judgment of said association will advance the poultry interests in 
the State of Illinois. 

§ 2. No officer or officers of the Illinois State Poultry Association 
shall be entitled to or receive any money comijensation whatever for 
any service rendered for the same. 

§ 3. The Auditor of Public Accounts is hereby authorized to draw 
his warrant for the same and deliver it to the treasurer of the Illinois 
State Poultry Association, upon his presenting proper itemized 
voucher therefor, certified to by the president and secretary of said 
association under seal of such corporation. 

§ 4. It shall be the duty of the treasurer of the Illinois State 
Poultry Association to pay out of said appropriation on itemized and 
receipted vouchers, such sums as may be authorized by vote of said 
organization on the order of the president, countersigned by the sec- 
retary, and make annual report to the Governor of all expenditures, 
as provided by law. 

Approved May 12, 1905. 



PRINTING AND BINDING — DEFICIENCY. 



§1. Printing deficiency $21,000. 
§ 2. Binding- deficiency $7, 000. 
;§ 3. How drawn. 



§ 4. Emergency. 
Approved Februar>' 2, U 



An Act making appropriations for a deficiency in the appropriations 
for the payment of printing and binding for the State. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in tJie GeneraJ Assembly : That the sum of §21,000 be 
and is hereby ai3i)ropriated to meet the deficiency in the ap^jropriation 
for the public printing of the State. 

§ 2. That the sum of $7,000 be and is hereby appropriated to meet 
the deficiency in the approiiriation for the iDublic binding of the State. 

§ 3. The Auditor of Public Accounts is hereby authorized to draw 
his warrants for above amounts on the State Treasurer on vouchers 
certified to by the Board of Commissioners of State Contracts. 

§ 4. Whereas, An emergency exists, and it is essential that said 
appropriation shall become available at once; therefore, this act shall 
take effect and be in force from and after its passage. 

Approved February 2, 1905. 



APPEOPEIATTONS. 



FEINTING PAPER AND STATIONERY — DEFICIENCY. 

§1. Paper and stationery deficiency $13,000. ■ ^ .3. Emergency. 

§2. How drawn. I Approved February 8, 1905. 

An Act making an appropriation to meet the deficiency in the money 
appropriated to pay for printing paper and stationery under contract 
hy the State of Illinois. 

Section 1. Be if enacted hy the People of the State of Illinois^ 
represented in the General Assembly : That to supply a deficiency 
in the appropriation for the purchase of printing paper and stationery 
that there be, and is hereby, appropriated to the Board of Commis- 
sioners of State Contracts the sum of $13,000, or so much thereof as 
may be necessary. 

§ 2. The Auditor of Public Accounts is hereby' authorized and 
directed to draw his warrants upon the State Treasurer for the sums 
herein sijecitied upon presentation of vouchers certified to by the Board 
of Commissioners of State Contracts and approved by the Governor,, 
and the State Treasurer shall pay the same out of any funds in the 
State treasury not otherwise appropriated. 

§ 3. Whereas, The appropriation above recited is necessary for 
the transaction of the business of the State; therefore, an emergency 
exists, and this act shall be in force and take effect from and after its 
passage. 

Approved February 8, 1905. ^ . 



relief — ATKINSON, ZERILDA A. 

Preamble. 1 §2. How drawn. 

§1. Appropriates $2,. 500. I Approved May 12, 1905. 

An Act to malce an appropriation for Zerilda A. Atl-inson, widow of 
William Atkinson, deceased. 

Whereas. William Atkinson, late of the county of Jackson, being 
the State Mine Inspector for the 7th District, met his death at Zeig- 
ler, in Franklin county, on the 3d day of April, 1905, while in the 
discharge of his duty, and in an heroic effort to rescue a large number 
of coal miners entombed in what is kno^^^l as "Leiter mine:" and. 

Whereas, The said William Atkinson left as his widow the said 
Zerilda A. Atkinson and a large family of children: therefore, 
. • Section 1. Be it enacted hy the Peojde of the State of IUi)iois, 
represented in the General Asse)iihly : That the sum of two thousand, 
five hundred dollars be, and the same is hereby appropriated, out of 
any money in the State treasury not otherwise appropriated, to 
Zerilda A. Atkinson, widow of William Atkinson. 

§ 2. The Auditor of Public Accounts is hereby directed and 
authorized to draw his warrant on the State Treasurer for said amount 



APPROPRIATIONS. 53 



in favor of Zerilda A. Atkinson, and the State Treasurer is hereby 
authorized to honor said warrant and pay the proceeds of the same to 
the said Zerilda A. Atkinson. 
Approved May 12, 1905. 



SCHOOLS AND UNIVERSITIES — NORMAL SCHOOLS. ORDINARY. 

i 1. Appropriates $253,986.44 for the year be- ] § 3. Appropriates interest on the college and 



ginning; July 1, 1905. 

Appropriates $253,986.44 for the year be- 
ginning July 1, 1906. 



seminary fund. 
§4. How drawn. 
Approved May 18, 1905. ' 



Ax Act malcing appropriations for the ordinary expenses of State educa- 
tional institutions herein named. 

Section 1. Be if enacted by the People oj the State of Illinois, 
represented in the Genei-al Assemblij : That there be, and is hereby, 
appropriated for the j)urpose of defraying the ordinary expenses of 
the State institutions named in this act, for the year beginning July 
1. 1905, the sum of $253,986.44 payable quarterly in advance and that 
the said approj)riations shall be apportioned between the said institu- 
tions as follows: 

To the Northern Illinois State Normal School, DeKalb. . $57,000 00 
To the Eastern Illinois State Normal School, Charleston. 55,000 00 

'To the Illinois State Normal University. Normal 54,806 44 

To the Western Illinois State Normal School, Macomb.. . 40,180 00 
To the Southern Illinois Normal University, Carbondale.. 47,000 00 

Total $258,986 44 

§ 2. For the purpose of defraying the ordinary expenses of the 
said State institutions for the year beginning July 1, 1906, the sum 
of $253,986.44 is appropriated, payable quarterly in advance, and that 
the said appropriation shall be apportioned between the said institu- 
tions and at the same rate thereafter until the expiration of the first 
fiscal quarter after the adjournment of the next General Assembly, as 
follows : 

To the Northern Illinois State Normal School, DeKalb. . $57,000 00 
To the Eastern Illinois State Normal School, Charleston. 55,000 00 

To the Illinois State Normal University, Normal 54,806 44 

To the Western Illinois State Normal School, Macomb. . . 40.180 00 
To the Southern Illinois Normal University, Carbondale.. 47,000 00 

■ Total $253,986 44 

§ 3. That there be, and is hereby, further appropriated to the Illi- 
nois State Normal University, at Normal, and to the Southern Illinois 
Normal University, at Carbondale, for additional ordinary expenses, 
to each one-half of the interest on the college and seminary fund. 

§ 4. The Auditor of Public Accounts is hereby authorized and 
required to draw his warrant upon the State Treasurer for said sum so 
■appropriated for ordinary expenses, quarterly, upon the order of the 



54 APPEOPEIATIONS. 



trustees of said institutions, respectively, signed by the president and 
attested by the secretary, with the corporate seal attached: Provided, 
that no part of said sum shall be due and payable to any of said insti- 
tutions, respectively, until a detailed statement of receipts from all 
sources together with a detailed statement of the expenditures, ac- 
companied by the original vouchers, is filed with the Auditor of 
Public Accounts for all previous expenditures incurred, and said 
detailed statement of receipts and expenditures shall show the 
balance on hand at the beginning of the period for which said state- 
ment is made, the total amount received and expended, and the bal- 
ance on hand at the close of the quarter for which the -same is made. 
Approved May 18, 1905. 



SCHOOLS AND UNIVEESITIES — NOEMAL SCHOOLS, SPECIAL. 

§1. Appropriates for items enumerated, 1 §2. How drawn. 

^^^'■^^'^' I Approved JVIay 18, 1905. 

An Act making appropriations for the State educational institutions 

herein named. 

Section 1. Be if enacted by the People of the State of Illinois, 
represented in the General Assembly : That the following sums be 
and are hereby appropriated to the State institutions named in this 
act, for the purposes herein stated, for the two years beginning July 
1, 1905, the aggregate amount of which is *$266,150, and that the said 
sum so appropriated shall be apportioned between the said institu- 
tions as follows:) 

TO THE NORTHEEN ILLINOIS STATE NOEMAL SCHOOL, DEKALB. 

For painting building $1,000 00 

For cement sidewalks 800 00 

For completion of pavement 2,100 00 

For plant house and school garden 5.500 00 

For equipment of domestic science department 1,000 00 

For further equipment of manual training room 1,000 00 

For rebuilding grand stand destroyed by fire 1,000 00 

For repairs on stay wall 500 00 

For completion of south entrance 1,000 00 

■For tree planting. 1,000 00 

/•dFor equipment of laboratories and domestic science rooms 

with gas 1,000 00 

For completion of grading of the entire ground 8,000 00 

For completion of gymnasium 1,000 00 

Total $24,900 00 



APPEOPEIATIONS. 00 



TO THE EASTEEN ILLINOIS STATE NOEMAL SCHOOL, CHAELESTON. 

For improving grounds, $3,000 per annum , $ 6,000 00 

For library, ,$8,000 per annum 6,000 00 

For laboratory 4,000 00 

*For building and furnishing gymnasium and woman's 

building (one building ) 100,000 00 

For summer school, $2,000 per annum 4,000 00 

*Total $120,000 00 

TO THE ILLINOIS STATE NOEMAL UNIVEESITY, NORMAL. 

For erection and equipment of plant house and improve- 
ment of school garden for the year beginning July 1, 
1905 $5,500 00 

*For the erection and equipment of a manual arts building 
and auditorium (one building), complete and substan- 
tially fireproof 75,000 00 

*Total $80,500 00 

TO THE WESTEEN ILLINOIS STATE NOEMAL SCHOOL, MACOMB. 

For improvement of grounds, $5,000 per annum $10,000 00 

For books for library, $5,000 per annum 10,000 00 

For equipment for drawing department 1,000 00 ^ 

For apparatus for biological laboratory ^ 1,000 00 

For apparatus for chemical and physical laboratories .... 2,000 00 

For repairs 1,500 00 

For fencing and drainage 1,000 00 

For manual training 1,000 00 

For furniture for completed building 3,000 00 

For apparatus for gymnasium 750 00 

For museum cases 500 00 

Total $31,750 00 

TO THE SOUTHEEN ILLINOIS NOEMAL UNIVEESITY, CAEBONDALE. 

For the purpose of providing and installing a system of 
closets for the use of said university and connecting the 
same by sewer with the sewers of the city of Carbondale. $9,000 00 

Total $9,000 00 

§ 2. The Auditor of Public Accounts is hereby authorized and re- 
quired to draw his warrants upon the State Treasurer for the afore- 
said sums of money upon the order of the board of trustees of said 
educational institutions herein named, respectively, signed by the 
president and attested by the secretary of said boards, respectively, 
with the corporate seal of said institutions attached, and approved by 



X 



56 APPROPRIATIONS. 



the Governor: Provided, said orders shall be accompanied by state- 
ments in detail of all expenditures made in pursuance of the afore- 
said appropriations, respectively, and no warrant shall be issued until 
such statements in detail are filed by the respective institutions to 
which the aiopropriation is made; And, jyrovided, further, that such 
detailed statement of receipts and expenditures and balance on hand 
shall be made separately, by such institutions, respectively, for each 
and every appropriation made to said institution. 
Approved May 18, 1905. 

*I hereby certify that the foregoing act, as printed above, is a correct copy of Senate Bill 
No. 425, as enrolled and submitted to the Governor for his approval. The items marked with 
a star, to-wit: "For building and furnishing gymnasium and womens' building, (one build- 
ing, ) $1,000,000, [100,000]," Eastern Illinois State Normal School, Charleston; and "For the 
erection and equipment of a Manual Arts Building and Auditorium, (one building,) com- 
plete and substantially fire-proof, $75,000," Illinois State Normal University, Normal, were 
vetoed by the Governor, and the remaining items approved by the Governor, by which action 
the total appropriation for the Eastern Illinois State Normal School is reduced from $120,000. 
as printed above to $20,000; and for the Illinois State Normal University is reduced from 
$80,500, as printed above to $5,500; and the total appropriations for all the institutions named in 
the act is reduced from $266,150 as printed above to $91,150. 

James A. Rose, 
Secretary of State. 

SCHOOLS AND UNIVERSITIES — UNIVERSITY OF ILLINOIS. 



§ 2. Appropriates for items enumerated 
$1.34.. 535. 

§3. How drawn. 

Approved May 18, 1905. 



§1. Appropriates for ordinary operating ex- 
penses $350,000 per annum. 

Appropriates for items enumerated 
$122,500 per annum. 

Appropriates for other items enumer- 
ated $35,000. 

An Act making appropi-iations for the University of Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : 1. That there be and is hereby 
appropriated to the I^niversity of Illinois for the payment of salaries, 
for the care of buildings and grounds, and for ordinary operating ex- 
penses, the sum of three hundred and fifty thousand dollars ( $^50,000) 
per annum. 

2. For materials for shop practice, the sum of five thousand dollars 
($5,000) per annum. 

3. For increase of scientific cabinets and collections, two thousand 
dollars ($2,000) per annum. 

*4. For additions to the library, twenty-five thousand dollars 
($25,000) per annum. 

5. For additions to apparatus and appliances, three thousand dol- 
lars ($3,000) per annum. 

6. For fire protection, fifteen hundred dollars ($1,500) per annum. 
8. For maintenance and extension of engineering equiijmeiit and 

expense of the engineering experiment station, seventy-five thousand 
dollars ($75,000) per annum. 

10. For carrying on State water analyses, four thousand dollars 
($4,000) per annum. 

11. For draining, fencing and repairs on experimental farms, five 
thousand dollars ($5,000) per annum. 



APPROPEIATIONS. 57 



12. For maintenance of the department of social and political 
science and industrial economics, eight thousand dollars ($8,0()0) per 
-annum. 

13. For maintenance of school of music, three thousand dollars 
($3,000) per annum. 

14. For providing additional teachers in the College of Agriculture, 
and also to enable the college to meet the demands for instruction at 
the farmers' institutes, six thousand dollars ($6,000) per annum. 

*15. Eor further equipment of the law school, ten thousand 
dollars ($10,000) per annum. 

16. For equipment of the chemical laboratory, ten thousand dol- 
lars ($10,000) per annum. 

§ 2. That there be and is hereby appropriated to the University 
of Illinois the following sums for additions to the plant: 

1. For additional equipment of the water station, three thousand 
dollars ($3,000). 

2. For increasing the telephone exchange, fifteen hundred dollars 
($1,500). 

3. For enlarging the general heating plant, thirty-five dollars ( $35). 

4. For heating and furnishing the woman's building, fifteen 
thousand dollars ($15,000). 

5. For purchase of Young Men's Christian association lots, $15,(X)0. 
7. For an auditorium and furnishings complete, $100,000. 

§ 3. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the Treasurer for the sums hereby 
appropriated, payable out of any money in the treasury not otherwise 
appropriated, upon the order of the board of trustees of said univer- 
sity, attested by its secretary, and with the corporate seal of the uni- 
versity: Provided, that no part of said sum shall be due and payable 
to said university until satisfactory vouchers in detail, approved by 
the Governor, shall be filed with the Auditor for all previous expen- 
ditures incurred by the university on account of the appropriations 
hitherto made; And, provided, fwrther ^ihn^i vouchers shall be taken 
in duplicate, and original or duplicate vouchers shall be forwarded to 
the Auditor of Public Accounts for the expenditure of the sums ap- 
propriated in this act. 

Approved May 18, 1905. 



*I hereby certify that the foregoing is a true and correct copy of the House Bill No. 185, as 
approved by the Governor, with the exception of the items 4 and 15 of section 1, marked 
-with a *, which were vetoed by the Governor for the year beginning July 1,1906. 

James A. Rose, 

Secretary of State. 



58 APPROPEIATIONS. 



SCHOOLS AND UNIVERSITIES — UNIVERSITY OF ILLINOIS, ENDOWMENT 

FUND. 

§ 1. Appropriates interest on endowment | §2. How drawn. 

^•^"^^ j Approved May 12, 1905. 

An Act appropriating to the University of Illinois the money granted 
in an act of Congress, approved August 30, 1890, entitled, "An Act to 
apply a portion of the proceeds of the public lands to the more perfect 
endowment and support of the colleges for the benefit of agriculture 
and mechanic arts, established under the provisions of an act of Con- 
gress, approved July 2, 1862." ■ . 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum, or sums, of 
money which may have accrued, or may hereafter (before the 1st day 
of July, 1907, accrue), to the State of Illinois, under the provisions of 
an act of the Congress of the United States, approved Aug. 30, 1890, 
entitled, "An act to apply a portion of the proceeds of public lands to 
to the more perfect endowment and support of the colleges for the 
benefit of agriculture and the mechanic arts, established under the 
provisions of an act of Congress, approved July 2, 1862," are hereby 
appropriated to the University of Illinois, and whenever any portion 
of the said money shall be received by the State Treasurer, it shall 
immediately be due and payable into the treasury of said university. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the treasurer for the sums hereby 
appropriated, upon the order of the chairman of the board of trustees 
of said university, countersigned by its secretary, and with the cor- 
porate se^il of said university. 

Approved May 12, 1905. 



SCHOOLS AND UNIVERSITIES — WESTERN NORMAL, COMPLETION OF 

BUILDING. 

§ 1. Trustees to complete building. I Approved May 12, 1905. 

§2. Appropriates$125,000— how drawn. 1 

An Act mahing an appropriation to complete the Western Illinois State 
Normal School Building. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That upon the passage and 
approval of this act the Board of Trustees of the Western Illinois or 
Military Tract State Normal School shall proceed to complete said 
building, uniformly with the work already begun, according to the 
plans and specifications now on hand approved by the Governor. 

§ 2. To enable the board of trustees to carry out the provisions of 
this act, there is hereby appropriated the sum of one hundred and 
twenty- five thousand dollars out of the State treasury, and the Auditor 
of Public Accounts is hereby authorized and directed to issue his 



APPROPRIATIONS. 59 



warrant for the foregoing amount upon the order of the board of 
trustees, signed by its president, attested by its secretary, and with 
the seal of the institution attached. 
Approved May 12, 1905. 



STATE CAPITOL — EQUIPPING OFFICES. 



§1. Appropriates $7,500 for fitting and fur- i §3. Emergency. 

nishing certain rooms. 
§2. How drawn. 



Approved March 6, 1905. 



An Act making an appropriation to the Secretary of State^ as custodian 
of the capitol building, for the purpose of fitting up new offices for 
the Attorney General of the State and for other departments of the 
State government tvhich said Secretary of State is required by law to 
furnish offices. 

Section 1. Be it enacted hy the People of the State of Illinois, 
re}wesented in the General Assembly : That the sum of $7,500 be 
and hereby is appropriated for the purpose of fitting up offices for the 
Attorney (reneral of the State in the room formerly occupied by the 
Agricultural Museum and for re-arranging the rooms now occupied 
by the Attorney General, so that they may be occupied by some of 
the State boards entitled to offices in the Capitol building. 

§ 2. The Auditor of Public Accounts is authorized to draw his 
warrant on the State Treasurer for the above amount or any part 
thereof when properly certified to by the Secretary of State. 

§ 3. Whereas, The rooms now occupied by the Attorney General 
are inadequate to the purpose; and, 

Whereas, There are several State boards that the Secretary of 
State is required to furnish offices for that are without offices ; there- 
fore, an emergency exists and this act shall take effect from and after 
its passage. 

Approved March 6, 1905. 



state CAPITOL — REPAIRS. 



§ 4. How drawn. 
Approved May 18, 1905. 



§ 1. Appropriates $121, 800 for repairs. 
§2. How applied. 
§3. How expended. 

An Act to provide for the repair of the State Capitol building at Spring- 
field, Illinois, and making appropriations therefor. 

Section 1. Be it enacted hy the People of the State of Illinois 
represented in the General Assembly: That the following several 
amounts be and they are hereby appropriated for the repair of the 
State Capitol building at Springfield, Illinois, to-wit: 

For a new copper roof on main building and dome $65,000 

For stone work repairs 6,000 



m 



APPROPRIATIONS. 



For carpenter work on window frames $2,000 

For plumbing repairs and refurnish ings 7,500 

For pointing stone work on fronts of buildings 2,400 

For repairing steam pii3es, heating plant, radiators connect- 
ed with steam plant, and installing new set of grates .... 34,900 
For contingencies that may arise in the foregoing work .... 4,000 

§ 2. The several amounts above appropriated for the several pur- 
j)oses named in section 1 of this act, and the funds set apart in said 
section, are respectively to be applied: 

First— To the objects therein specified. 

Second — If, however, there shall be a surplus of funds appropriated 
for any of the items specified in said section 1 and a deficiency in 
other items to accomplish the improvements and repairs contemplated 
by such other items, such surplus may be used to meet any such con- 
tingency. 

§ 8. The appropriation provided for by this act is to be expended 
and the improvements hereby provided for are to be made under the 
direction and supervision of a commission consisting of the Governor, 
Lieutenant Governor, Secretary of State, Auditor of Public Accounts, 
Attorney General and State Treasurer, which said commission shall 
meet as soon after the approval of this act as convenient and organ- 
ize by electing one of their number president and another secretary. 

§ 4. The Auditor of Public Accounts is hereby authorized and di- 
rected to draw his warrant upon the State Treasurer for the funds 
hereby appropriated upon the filing of certified bills of particulars 
approved by a majority of said commission. 

Approved May 18, 1905. 



STATE GOVERNMENT-GENERAL EXPENSES. 



§ 1. Makes appropriation for ordinary and 
contingent expenses, as follows: 

1. Governor— Contingent fund, 

$3,000 per annum. 

2. Secretary, clerks, stenographers, 

messengers, etc., $10,000 per 
annum. 

3. Institution audit clerk, salary and 

expenses, $4,500 per annum. 

4. Postage, telegraphing, express, 

etc., $5,000 per annum. 

5. Executive mansion, $18,. 500. 

6. Lieutenant Governor— In- 

cidentals, .$-325. 

7. Secretary of State— Clerks, 

stenographers, janitors, police, 
porters, messengers and other 
employes, and postage, ex- 
press, repairs, etc., $1,.500 and 
$n0,260 per annum. 

8. Fuel, repairs, lieatmg and light 

plant, driveway and walks, 
$6,000 and $14, .500 perannum. 



9. Supreme Court reports, the sum 
required by law. 

10. Supreme Court room, repairs, 

furniture, etc., .$2,000. 

11. Flags, $200. 

12. State library, employes and 

books, $4,900 per annum. 

13. Copying laws, etc., express, post- 

age, etc., $300, and $1,500 per 
annum. 

14. State Co.ntracts Commis- 

sioners— Printing paper and 
stationery for use of General 
Assembly and executive de- 
partments, $30,000 per annum. 

15. Printing and binding $55,000 per 

annum. 

16. Filing cases, $1,500. 

le^a Enforcement of automobile law, 
license fees received. 



APPEOPEIATIONS. 



61 



17. 


Auditor of Public Ac- 




Clerk of Supreme Court— 




counts— Clerks, stenograph- 




Court reporter, janitor, indexes 




ers, messengers, janitors and 




and filins cases, $4, 500 and $2, - 




other employes, and postage, 




520 per annum. 




express, etc., and paying as- 








sessment on State property at 


34. 


Appelate Courts — Office 




Marseilles, $19,840 per annum 




rent, librarian, and other em- 




and $208.22. 




ployes, furniture and miscel- 


18. 


Office vault fixtures, $6,500. 




laneous expenses, deficiency, 
indebtedness, etc., $9,964.16 


19. 


Conveying juvenile offenders, 
$8,000 per annum. 




and $30,410 per annum. 






35. 


Railroad and Warehouse 


20. 


Conveying convicts, $20,000 per 
annum; 




Commissioners — Officers' 
expenses, clerks, maps, re- 


21. 


Conveying offenders to reform- 




ports and other expenses, $1,000 




atory, etc. ,.$15, 000 per annum. 




and $15,300 per annum. 


22. 


Fugitives from justice. $2, 000 and 










36. 


Museum of Natural His- 




$15,000 per annum. 




tory— Curator, assistant, jan- 


23. 


Costs and expenses of State suits 




itor, and miscellaneous ex- 




$.500 per annum. 




penses, $4,720 per annum. 


24. 


State Board of Equaliza- 








tion— Expenses, $8,000 per 


37. 


Commissioners of Labor 




annum. 




Statistics— Clerk hire, ex- 


25. 


State Treasurer — Clerks, 
watchmen, messengers and 




penses of commissioners, ex- 
penses of State mining board, 




porters, collection of inher- 




mine inspectors, free employ- 
ment offices, etc., $.38,600 per 




itance tax, repairs, express, 








postage, etc. ,$24,700 perannum. 




anuum. 


26. 


Necessary amount to refund 


38. 


Fish Commissioners— Expen- 




taxes collected in error. 




ses of commissioners, wardens 
and miscellaneous expendi- 


27. 


Attorney General— Assist- 




tures, $3, .500 and $20,000 per 




ants, clerks, stenographers, 




annum. 




messenger and porter, official 










39. 


General Assembly, 45th — 




duties, investigations and 








State suits, express, postage. 




Committee expenses $2,000. 




etc., $15,000 and $40,100 per an- 


40. 


Live Stock Commissioners 




num. 




—Secretary's salary, employes, 


28. 


Superintendent of Public 




veterinarians, agents, etc., $15, - 




INSTRUC t I o n — Assistants, 




COO and $24,920 per annum. 




clerks, and other employes. 








postage, express, etc., $10,900 


41. 


Insurance Superintendent 




perannum. 




—Actuary, clerk hire, legal 


29. 


Interest on distributable fund, 




services, express, postage, etc. 




$.57,000 perannum. 




.$37, 565 per annum. 


30. 


Distributable fund, $1,000,000 per 


42. 


Lincoln Homestead and 




annum. 




Lincoln Monument— Cus- 


31. 


Adjutant General — Clerks ' 




todians, repairs, etc., $4,075 




and other employes in office. 




perannum. 




camps, memorial hall, arsenal. 


43. 


Historical Library— Assist- 




postage, repairs, etc., $9,340 




ant librarian, janitor, books. 




perannum. 




care and maintenance of library 


32. 


Board Public Charities— 




etc., .$2,000, and $6,620 per an- 




Secretary's salary and miscel- 




num. 




laneous expenses, $12,000 per 


44. 


Supreme Court Reporter— 




annum. 




Expenses and messenger ser- 


^. 


Supreme Court— Books, book 
racks, express, postage, librar- 




vice, $1,970 perannum. 




ian, janitor, etc., $11,700 per 


45. 


State Factory Inspector— 




annum. 




Expenses $10,000 per annum. 



62 



APPROPRIATIONS. 



46. State Board of Arbitra- 

tion — Traveling expenses, 
rent and clerk hire, etc., $3,000 
per annum. 

47. Board of Pardons —Steno- 

grapher, express, postage, 
etc., $1,900 per annum. 

48. State Entomologist— Assist- 

ants, printing, San Jose Scale, 
and miscellaneous expenses, 
$12,000 and $14,250 per annum. 

49. Ft. Massac Trustees— Custo- 
dian and improvements, $600 
per annum and $3,000. 



50. State Board of Health— 

Secretarj', clerks, office and 
other expenses, inspection of 
lodging houses, etc., $25,000 
and $30,360 per annum. 

51. State Food Commissioner 

—Assistant, State analyst, in- 
spectors, rent, employes, etc., 
$17, 460 per annum. 

52. University of Illinois— In- 

terest on endowment fund 
$64,000. 

53. How drawn. 
Approved May 18, 1905. 



An Act to provide for the ordinary and contingent expenses of the 
State government, until the expiration of the fiscal quarter after the 
adjournment of the next regular session of the General Assembly. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly : That the following named 
sums, or so much thereof as may be necessary, respectively, for the 
purposes hereinafter named, be, and are hereby, appropriated to meet 
the ordinary and contingent expenses of the State government, until 
the expiration of the first fiscal quarter after the adjournment of the 
next General Assembly: 

First. A sum not to exceed $5,000 per annum, shall be subject to 
the order of the Governor for the purpose of defraying such public 
expenses of the State government as are unforseen by the General 
Assembly, and not otherwise provided for by law. 

Second. To the Governor, the sum of $10,000 per annum for sec- 
retary to the Governor, for the performance of such ofiicial duties of 
the Governor as may be required of him, and for executive clerk, 
index and general clerk, stenographer, assistant stenographer, mes- 
senger and janitor; payable monthly, as hereinafter named. 

Third. To the Governor, the sum of $8,000 per annum for institu- 
tion audit clerk, and the sum [of] $1,500 per annum for his traveling 
and other necessary expenses. 

Fourth. To the Governor, a further sum not to exceed $5,000 per 
annum for postage, expressage, telegraphing, telephoning, and other 
exijenses connected with the Governor's office, and incident to the 
discharge of his duties, payable as hereinafter named. 

Fifth. To the Governor, for the care of the executive mansion and 
grounds, and for heating, lighting and other incidental expenses of 
the executive mansion, the sum of $7,500 for the year ending June 
30, 1906, and $6,000 for the year ending June 30, 1907; for repairing 
executive mansion and barn, $1,000; for rebuilding roadway and 
walks, $1,000; and for completing plumbing contract on mansion, and 
refurnishing mansion, $3,000. 

Sixth. To the Lieutenant Governor, the sum of $125 for postage, 
telegrai^hing, stationery and other incidental exi)enses for the period 
from Jan. 1, 1905, to June 30, 1905, erroneously drawn by Lieutenant 



APPEOPRIATIONS. 



Governor Northcott and refunded by him to the State Treasurer. 
Also to the Lieutenant Governor, for postage, telegraphing, stationery 
and other incidental expenses, the sum of $100 per annum. 

Seventh. To the Secretary of State, for clerk hire in his office, 
the following sums: For chief clerk, $2,700 per annum; for one 
assistant chief clerk, $2,100 per annum; for one chief corpora- 
tion clerk, $2,000 per annum; for one corporation clerk, $1,800 
per annum ; for one corporation clerk, $1,500 per annum ; for 
one corporation clerk, $1,200 per annum; for one executive clerk, 
$1,800 per annum; for one index clerk, $2,000 per annum; for one 
assistant [index] clerk, $1,500 per annum; for one assistant index 
clerk, $900 per annum; for one anti-trust clerk, $1,800 per annum; 
for one assistant anti-trust clerk, $1,500 per annum; for one assistant 
anti-trust clerk, $1,200 per annum; for one assistant anti-trust clerk, 
$1,000 per annum; for one assistant anti-trust clerk, $900 per annum; 
for one shipping clerk, $1,800 per annum; for one shipping clerk, 
$1,320 per annum; for one shipping clerk, $1,200 per annum; for one 
shipping clerk and janitor, $1,200 per annum; for extra clerical 
services, $1,500; for one private secretary and stenographer, $1,800 
per annum; for one supply clerk, $1,800 per annum; for one assistant 
sujjply clerk, $1,200 per annum; for one property clerk, $900 per 
annum ; for one stenographer and typewriter, $1,000 per annum; for 
one stenographer and typewriter. $900 per annum; for one stenog- 
rapher and typew^riter, $900 per annum; for one book-keeper, $1,200 
per annum; for three porters and messengers, $900 each per annum; 
■for one superintendent of capitol building and grounds, $2,000 per 
annum; for one assistant superintendent of capitol building and 
grounds, $1,320 per annum; for two carpenters, $900 each per annum; 
for eight policemen, $720 each per annum ; for three elevator conduc- 
tors, $720 each x^sr annum; for eighteen janitors, $720 each per 
annum; for one janitress, $720 per annum; for one flagman, $720 per 
annum; for one chief engineer, $1,200 per annum; for two assistant 
engineers, $1,020 each per annum; for twelve firemen, $800 each per 
annum; for one weigher, $1,000 per annum; for one chief electrician, 
$1,200 per annum; for three assistant electricians. $1,020 each per 
annum; for one janitor and helper in lighting plant, $900 per annum, 
payable upon monthly pay-rolls certified to by the Secretary of State; 
for expenses in connection with the corporation department, the sum 
of $3,000 per annum ; to the Secretary of State, for postage, express- 
age, telegraphing and other incidental exjoenses of his office, $3,500 
per annum; and for the payment of all other necessary incidental 
expenses incurred by the Secretary of State in the care and custody 
of the State house and grounds and other State property, and in 
repairs and improvements of same, and for the performance of such 
other duties as may be imiDosed upon him by law, and for which no 
other appropriation has been made, the sum of $8,000 per annum; for 
the purpose of enforcing the foreign corporation act, the sum of 
$5,000 per annum; for the jDurpose of employing extra help needed in 
the printer expert's office, the sum of $2,500 per annum. 



64 APPEOPEIATIONS. 



Eighth. To the Secretary of State for the purchase of fuel and for 
repairs and other incidental expenses connected with heating the 
State house, the sum of $10,000 per annum; for repairing the State 
house heating and lighting plants, $2,500 per annum ; for incidental 
expenses connected with operating the State electric lighting plant, 
$2,000 per annum : for rebuilding driveway and walks, $6,000. 

Ninth. To the Secretary of State, such sums as may be necessary 
to enable him to purchase such volumes of the reports of the de- 
cisions of the Supreme Court as he is or may be, by law, required to 
purchase. 

Tenth. To the Secretary of State, for the purpose of refurnishing 
the Supreme Court room, conference rooms, bed rooms of the Supreme 
Judges, and hall- ways in the apartments of the Supreme Judges, and 
for new furniture and repairing furniture in the Supreme Court room 
and conference rooms, the sum of $2,000. 

Eleventh. To the Secretary of State for the purchase of flags for 
the dome of the capitol building for two years, the sum of $200. 

Twelfth. To the Secretary of State, for the purchase of books and 
for the incidental expenses of the State library, the sum of $1,800 per 
annum, payable upon bills of particulars certified to by the Board of 
Commissioners of the State Library. To the Secretary of State for 
salary of assistant librarian, $1,200 per annum; for second assistant 
librarian. $1,000 per annum; for third assistant librarian, $900 per 
annum. 

Thirteenth. To the Secretary of State, for copying the laws, 
journals and joint resolutions of the General Assembly, as provided 
by law, $300. and for expressage and postage on same, $1,500 per 
annum. 

Fourteenth. To the Board of Commissioners of State Contracts, 
for the purchase on contract, as required by law, and other necessary 
expenses connected therewith, of printing paper and stationery for 
the use of the General Assembly and the executive departments, the 
sum of $30,000 per annum. 

Fifteenth. To the Board of Commissioners of State Contracts, for 
public printing, the sum of $40,000 per annum, or so much thereof as 
may be required; for public binding, the sum of $15,000 per annum, 
or so much thereof as may be necessary; the public printing and 
binding to be paid according to contract. 

Sixteenth. To the Secretary of State, the sum of $1,500 to pay for 
steel filing cases in main vault. 

Sixteen one-half. To the Secretary of State such sum as may be 
necessary for the enforcement of the provisions contained in an act 
know^n as the Automobile law, such sum to be paid out of fees re- 
ceived as license fees provided for in said law. 

Seventeenth. To the Auditor of Public Accounts, for necessary 
clerk hire in his office, the following sums: For chief clerk, $2,700 
per annum; for warrant clerk, $2,100 per annum; for assistant war- 
rant clerk, $1,500 per annum; for revenue clerk, $1,800 per annum; 
for land clerk, $1,800 per annum; for file and index clerk, $1,500 per 
annum; for stenographer and typewriter, $1,000 per annum; for mes- 



APPROPRIATIONS. 6.5 



senger and clerk, $720 per annum: for jaintor, $720 per annum; for 
additional clerk hire, $3,500 per annum; for postage, express charges, 
telegraphing and other incidental expenses, incurred in the discharge 
of his duties, a sum not to exceed $2,500 per annum. To the Au- 
ditor of Public Accounts, for the purpose of paying for the clerical 
services incidental to the banking department and to the building 
and loan department, a sum not to exceed the fees received by him 
for preliminary examinations and filing reports for such banks and 
building and loan associations, as now provided by law, to be ac- 
counted for in the regular reports reqiiired of him by law to be made. 
To the Auditor of Public Accounts for the purpose of paying the 
special assessment for paving x^nrposes made against the State prop- 
erty in the city of Marseilles, the sum of $208.22. 

Eighteenth. To the Auditor of Public Accounts, for the purchase 
and installation of steel fixtures and file cases for two office vaults, 
the sum of $6,500, or so much thereof as may be necessary. 

Nineteenth. To the Auditor of Public Accounts, a sum not to 
exceed $4,000 per annum, or so much thereof as may be necessary, 
for the conveying of female offenders to the State Training School 
for Girls, and also the snm of $4,000 per annum, or so much thereof 
as may be necessary, for the conveying of delinquent boys to the St. 
Charles Home for Boys, and such further sum as may be necessary 
to pay for the conveying of delinquent boys to the St. Charles Home 
for Boys prior to the time that this bill goes into effect, to be ascer- 
tained and x^aid in each instance in the same manner as for convey- 
ing prisoners to the penitentiary. 

Twentieth. To the Auditor of Public Accounts, a sum not exceed- 
ing $20,000 per annum, or so much thereof as may be necessary, for 
conveying convicts to the iDenitentiary. and from and to the peniten- 
tiary in cases of new trials, or when used as witnesses in cases, to be 
paid by the Auditor in the manner now provided by law: Provided, 
that when more than one person is convicted at the same term of 
court and is committed to the penitentiary, the sheriff shall take all 
of said persons so convicted at one trip, and the Auditor of Public 
Accounts shall refuse payment to any sheriff' who shall fail to comply 
with this provision. 

Twenty-first. To the Auditor of Public Accounts, the sum of 
$15,000 jier annum, or so much thereof as may be necessary, for con- 
veying offenders to the State Reformatory at Pontiac. and from and 
to the reformatory in cases of new trial, or when used as witnesses in 
cases, to be paid by the Auditor in the manner now provided by law, 
to be ascertained and paid in the same manner as in cases of convey- 
ing prisoners to and from the penitentiary: Provided, that when 
more than one person is convicted at the same term of court, and is 
committed to the reformatory, the sheriff shall take all of said per- 
sons so convicted at one trip, and the Auditor of Public Accounts 
shall refuse payment to any sheriff who shall fail to comply with 
this provision. 



5 L 



66 APPROPRIATIONS. 



Twenty-second. To the Auditor of Public Accounts, for the pay- 
ment of the expenses provided for by law for the apprehension and 
delivery of fugitives from justice, $15,000 per annum, or so much 
thereof as may be necessary, to be paid on the evidence required by 
law, certified to and approved by the Governor, and the sum of $2,000 
for rewards for arrests of fugitives from justice, to be paid on bills of 
particulars having the order of the Governor indorsed thereon. 

Twenty-third. To the Auditor of Public Accounts, a sum not ex- 
ceeding $500 per annum, or so much thereof as may be necessary, for 
costs and expenses of State suits. 

Twenty-fourth. To the State Board of Equalization, for paying- 
expenses, a sum not exceeding $8,000 per annum, payable in the 
manner provided by law. 

Twenty-fifth. To the State Treasurer, for clerk hire, the sum of 
$9,000 per annum; the sum of $6,300 per annum for seven watchmen; 
and the sum of $900 per annum for one messenger and clerk, all pay- 
able on monthly pay rolls, duly certified to by the Treasurer. To the 
State Treasurer, the sum of $7,000 per annum, or so much thereof as 
may be necessary, to be used in the collection of inheritance tax. pay- 
able upon certificates of the Treasurer. To the State Treasurer, for 
repairs, express charges, postage, telegraphing and other incidental 
expenses connected with his office, a sum not to exceed $1,500 per 
annum. 

Twenty-sixth. To the State Treasurer, such sums as may be nec- 
essary to refund the taxes on real estate sold or paid on error, and 
for over-payment of collectors' accounts under laws governing such 
cases, to be paid out of the projoer funds. 

Twenty-seventh. To the Attorney General, for three assistants. 
the sum of $3,000 each per annum; for one assistant, $2,800 per 
annum; for one stenographer. $1,200 per annum; for one stenographer, 
$1,000 per annum; for one porter and filing clerk, $900 per annum ; 
for one stenographer for inheritance tax attorney for Cook county, 
$1,200 per annum; for telegraphing, postage and other necessary and 
incidental expenses, $4,000 per annum; for the payment of expenses 
and fees in the making of investigations and prosecution of suits spe- 
cially directed by the Governor, payable on bills certified by the 
Attorney General and directed by the Governor $7,500; for the em- 
ployment of special counsel to finish the case of the state of Missouri 
vs. the State of Illinois, et al., in the Supreme Court of the United 
States, $5,000; for the payment of costs and expenses accrued and to 
accrue in the case of the State of Missouri vs. the State of Illinois, et 
al., $2,500; for the defraying of all other expenses, and the perform- 
ance of such other duties as are required by law, the sum of $20,000 
per annum. 

Twenty-eight. To the Superintendent of (Public Instruction, the 
following sums are hereby appropriated: For two assistants, the 
sum of $2,400 each per anniim; for one clerk, $1,200 per annum; for 
one stenographer and typewriter, $1,000 per annum; for janitor, mes- 
senger and clerk, $900 per annum; all payable on the certificate of 



APPROPRIATIONS. 67 



the SujDerintendent of Public Instruction, on monthly pay rolls. To 
the Superintendent of Public Instruction, for postage, expressage, 
telegraphing, expenses of State examinations, and all other necessary 
expenses of his office, a sum not exceeding $3,000 per annum. 

Twenty-ninth. The sum of $57,000 per annum, or so much thereof 
as may be necessary, to pay the interest on the school funds dis- 
tributed annually in pursuance of law. 

Thirtieth. The sum of $1,000,000 annually, out of the State school 
fund, to i3ay the amount of the Auditor's orders for the distribution 
of said fund to the several counties, and for the payment of the 
salaries and expenses of county superintendents of schools, as now 
provided by law. The Auditor shall issue his warrant to the State 
Treasurer on the pro]3er evidence that the amount distributed has 
been paid to the county superintendents. 

Thirty-tirst. To the Adjutant General, for clerk hire in his office, 
the following sums: For chief clerk, $1,800 per annum: for record 
clerk, $1,200 per annum; also the sum of $1,000 per annum for post- 
age, telegraphing, repairs and other incidental expenses connected 
with Memorial Hall and office: also for custodian of Memorial Hall, 
$900 per annum; for stenograjjher and tyj^e writer, $1,200 i3er annum; 
for custodian of arsenal, $1,200 per annum; for ordnance sergeant at 
arsenal, $720 per annum; for messenger, $720 per annum; for cus- 
todian at Camp Lincoln, $600 jDer annum: Provided, that in the 
employment of the custodians above provided for preference shall be 
given to Union soldiers. 

Thirty-second. To the Board of State Commissioners of Public 
Charities, for salary of secretary, $3,000 per annum ; for office and in- 
cidental expenses of the board, including clerical services in office 
and auditing institution accomits. necessary expenses of the commis- 
sioners and employes while engaged in the discharge of their duties 
of visitation and inspection, as required by law, $7,000 per annum, or 
so much thereof as may be necessary; for the ex^^enses of the boards 
of auxiliary visitors in making inspections as provided by law, SI, 500 
per annum; a sum not exceeding $5 in amount to be paid therefrom 
to each member of said boards upon his tiling a certificate of the ex- 
pense incurred in making such inspection: for expenses of the Illinois 
State Conference of Charities holding annual sessions, securing 
speakers, and incidental exioenses, $500 per annum. 

Thirty-third. There is hereby appropriated to the Supreme Court, 
for the purpose of buying additional books for the Supreme Court 
library, for the purpose of rebinding books in said library which need 
to be rebound, for the purchase of continuations and renewals of the 
different reports, encyclopedias, reporters, law magazines, current text 
books and for the purpose of purchasing book stacks and racks, the 
sum of $5,000 per annum : for the ex^jenses of the Supreme Court, 
stationery, repairs, printing, furniture, expressage, telephoning and 
telegraphing, the sum of $4,0(;X) per annum; for the salary of the 
librarian of the Supreme Court, $1,800 per annum; for the salary of 
the janitor and messenger of the Supreme Court, who shall take care 



H8 APPEOPRIATIONS. 



of the Supreme Court room, conference room, Supreme Court library,, 
and chambers of the judges, the sum of $9(X) per annum. j)ayable upon 
bills of particulars certified to by at least two of the judges of said 
court. 

To the clerk of the Supreme Court, for court reporter. $1,800 per 
annum; for janitor, $720 per annum: for making comprehensive index 
of all records, files, and roll of attorneys of the former three grand 
divisions of the court, the sum of $3,000; for fitting up additional 
vault room and file case, $1,500. 

Thirty-fourth. To the A^jpellate Court of the First District, for 
rent, $10,500 per annum, and for no other purpose: for the purchase 
of law books and reports, $1,500 per annum: for repairing old law 
books, $250 per annum : for furniture, carpets and repairs on same, 
$750; for incidental expenses. $1,000 per annum, for each court: for 
stenographer's salary, $1,200 per annum, for each court, said sten- 
ographers to be appointed by. and their duties to be prescribed by. the 
clerk of said court; for librarian's salary (both courts), $600 per an- 
num : for filing cabinets, consisting of l-l-l drawers, for the purpose of 
keeping files of pending and disposed of cases, $385. 

To the Second District Appellate Court, for stationery, fuel, light, 
postage, expressage, repaiis, furniture and other expenses deemed 
necessary by the court, $2,000 per annum; for law books, $600 per 
annum; for rebinding of law books, $150 per annum; for librarian, 
$600 per annum; to complete payment for repairs and improvements 
on building, $2,200; for repairs and refurnishings, $4,150. 

To the Third District of the Appellate Court, for stationery, pos- 
tage, expressage, furniture and other expenses deemed necessary by 
the court, $1,000 per annum, the smnstobe paid on bills of particulars 
certified to by the clerk of the court for which the expenses was 
[were] incurred; for rebinding old law books, $200 per annum; for re- 
furnishing judges' apartments, $225; for linoleum for clerk's outer 
office. $98; for book cases for conference room, $100; for deficiency in 
incidental expenses, $300; for new chairs in clerk's office, $50; to pay 
outstanding indebtedness, accumulated during the last four years, 
$1,206.16. 

To the Fourth District of the Appellate Court, the sum of $1,750 
per annum for stationery, fuel, light, postage, expressage, repairs, fur- 
niture and other expenses deemed necessary by the court; for books- 
for law library, $500 per annum; for librarian $600 per annum; for 
painting the court house, $500, such painting to be done under the 
direction of the clerk and all bills for same to be approved by at 
least two of the judges of said court. 

Also the sum of $720 each per annum to the Second, Third and 
Fourth districts of the Appellate Court, for the pay of janitors to be 
appointed by the clerks of the respective courts, and to perform such 
duties as shall be determined by the judges and clerks of the respec- 
tive courts, to be paid on the order of at least two of the judges of 
each district; for one stenographer for each of the Second, Third and 
Fourth districts of the Appellate Court, $1,200 each per annum, such. 



APPEOPEIATIONS. 69 



stenographers to be appointed and their duties to be prescribed by 
the clerks of the several Appellate Courts, respectively; such salaries 
to be paid monthly on j)ayrolls duly certified to by the respective 
clerks and api3roved by two of the judges of said courts, respectively. 

Thirty-fifth. To the Railroad and Warehouse Commissioners, for 
the salary of the secretary, $1,500 per annum; for incidental expenses 
of their otfice, including care, stationery, postage, telegraphing, extra 
clerk hire and all necessary expenditures, except those hereinafter 
provided for, a sum not to exceed $3,000 per annum. 

For any expense incurred in suits or investigations commenced by 
authority of the State under any law in force, or hereafter enacted, 
empowering or entrusting the board of commissioners with the prose- 
cution of such suits or investigations, including the fees of experts 
employed and clerical help connected therewith, the sum of $4,000 
per annum, or such part thereof as may be necessary, for such pur- 
poses. 

For printing, mailing, expressing and publication of schedules of 
reasonable maximum rates of charges for the transportation of pas- 
sengers and freights, made or revised for any or all of the railroads of 
the State, as provided by law, the sum of $1,000 or so much thereof 
as may be necessary for such purposes. 

For the printing, mailing, expressing and publication of railroad 
maps of Illinois, both steam and electric, to be bound with annual re- 
ports, the sum of $2,000 per annum. 

For salary of civil engineer, when so em^^loyed by the commission, 
in their discretion, the sum of $8,000 per annum, which said civil en- 
gineer when so employed, shall do such engineering work, and make 
such inspections and reports as the said commissioners may direct, 
and for the salary of an assistant civil engineer, the sum of $1,800 
I^er annum, when employed as assistant civil engineer, whose duties 
shall be prescribed by the board. 

Thirty-sixth. To the trustees of the Illinois State Museum of Nat- 
ural History, for salary of the curator of the Illinois State Museum 
of Natural History, the sum of $2,500 per annum ; for the salary of an as- 
sistant curator, the sum of $1,000 per annum, for the salary of a janitor, 
the sum of $720 per annum, all payable monthly as provided by law. 
For the contingent and necessary expenses of the museum and library 
thereof, including postage, expressage, mounting of new specimens 
accpiired by i^urchase or gift, subscriptions to scientific journals and 
binding of the unbound volumes in the library and for traveling ex- 
penses incurred on business connected with the museum, the sum of 
$500 per anniim, payable on bills of particulars duly certified to by 
the curator and approved by the trustees. 

Thirty-seventh. To the Commissioners of Labor Statistics, for 
the purpose of procuring, tabulating and publishing statistics of labor 
as contemplated by law; for the purchase of instruments for the 
inspectors of mines; for clerical services, including special agents; for 
the incidental expenses of the board and for defraying the per diem 
and traveling expenses of the commissioners and secretary, the sum 
of $11,000 per annum. 



70 APPROPRIATIONS. 



To the State Mining Board, for the examination of candidates for 
certificates as mine inspectors, mine managers, mine examiners and 
hoisting engineers, for per diem and expenses of the board in con- 
ducting snch examinations, including salary of stenographer at $720 
per annum, the sum of $(),000 per annum, or as much thereof as may 
be necessary. 

To the State Mine Inspectors, for actual expenses incurred in the 
discharge of their duties, as provided by law, the sum of $-4,500 per 
annum, of which sum not to exceed $600 per annum shall be paid to 
any one inspector. 

To the Illinois Free Employment offices, located in Chicago and 
Peoria, the following sums: 

To the South Side office, for salary of male clerk, $800 per annum ; 
for salary of female clerk. $720 per annum: for salary of stenographer. 
$720 per annum: for salary of janitor, $600 per annum; for rent and 
general expenses. $2,000 per annum : for advertising. $400 per annum; 
for postage and expressage. $300 per annum. 

To the West Side office, for salary of clerk, $800 per annum: for 
stenographer, $720 per annum: for janitor, $600 per annum: for rent 
and general expenses, $1,700 per annum; for advertising. $400 per 
annum: for postage and expressage. $100 per annum. 

To the North Side office, for salary of clerk, $800 per annum; for 
stenographer, $720 per annum; for janitor, $600 per annum; for rent 
and general exjoenses, $2,100 per annum; for advertising, $400 per 
annum: for postage and exjjressage, $100 per annum. 

To the Peoria office, for salary of stenographer. $720 per annum; 
for rent and general expenses. $1,400 per annum; for advertising, $300 
per annum; for postage and expressage. $100 per annum. 

Thirty-eighth. To the Fish commissioners of the State, the sum 
of $7,500 per annum, or so much thereof as may be necessary, to be 
used by them in pursuance of law; the sum of $7,500, per annum, or 
so much thereof as may be necessary, for the service and expense of 
such persons as may be employed by them, including wardens, while 
performing such service, no fees being allowed in the enforcement of 
the laws for the protection of fish and relating to fishways, and for 
the personal traveling expenses of the commissioners; the smn of 
$3,500, or so much thereof as may be necessary to eqiiip the steamer 
"Tllinois" with new boilers and make such repairs as are needed; the 
sum of $5,000 per annum, or so much thereof as may be necessary, 
for the maintenance and operation of the boats owned by the State 
and used by the Fish Commissioners of the State in the collection of 
fish and enforcement of fish laws. 

Thirty-ninth. The sum of $2,000, or so much thereof as may be 
necessary to pay the expenses of the committees of the 45th General 
Assembly. 

Fortieth. To the State Board of Live Stock Commissioners, the 
following sums are hereby appropriated: For salary of secretary, 
$1,800 per annum; for salary of assistant secretary, who shall be a 
stenographer and typewriter. $1,200 per annum; for salary of mes- 



APPROPRIATIONS. ^-71 



senger, $7:20 per annum; for telegraphing, postage, expressage and 
other incidental expenses of the office. $1,200 per annum; for per 
diem and expenses of State Veterinarian, $i3.500 per annum; for 
salary of chief inspector at Union Stock Yards. Chicago. SI. 800 per 
annum; for salary of assistant chief inspector, at I'nion Stock Yards, 
Chicago. Sl.OCX) per annum; for salary of clerk, at Union Stock Yards, 
Chicago, $1,200 per annum; for salaries of foiir agents, at Union 
Stock Yards. Chicago, including horse hire, S<li300 per annum; for 
salary of chief insjDector, National Stock Yards. East St. Louis, $1,200 
per annum; for salary of one agent, at National Stock Yards, East 
St. Louis, Sl.OOO per annum; for salary of inspector at Union Stock 
Yards, Peoria. Sl.OOO per annum; to pay the traveling and incidental 
expenses of the commissioners and secretary. $3,000 per annum. 

For paying damages for animals diseased or exposed to contagion, 
slaughtered; for per diem and traveling expenses of assistant State 
veterinarians and special agents, for property necessarily destroyed or 
disinfection of premises, when such disinfection is practicable, under 
any law of this State for the suppression and prevention of the spread 
of contagious and infectious diseases among domestic animals, the 
sum of $15,000, or so much thereof as may be necessary. 

Forty-first. To the Insurance Superintendent, for actuary, $3,000 
per ainium; for chief clerk. S2.500 per annum; for messenger, $720 
per annum; for janitor, $720 per annum; and for other necessary clerk 
hire in his office, the sum of S13.000 per annum ; for postage, express 
charges, telegraphing and other incidental expenses, the sum of 
$♦5,000 per annum; for expenses in attending the annual convention 
of insurance commissioners, the sum of S125 per annum; f or exjjenses 
of examinations and investigations which can not be collected from 
the companies or associations examined, $1,000 per annum, or so 
much thereof as may be necessary; for all examinations and investi- 
gation, such amount for expenses incurred and services of assistants 
employed, as shall be collected from the companies or associations 
examined; for expenses in the prosecution of violations of the insur- 
ance laws, the sum of S6,000 per annum; and for legal services, the 
sum of $4,000 per annum ; for printing and distributing the reports of 
the Farmers" ^Mutual Insurance Companies, the sum of $500 per 
annum, or so much thereof as may be necessary. 

For making valuations of reserves of life insurance companies, the 
Insurance department, with the ajjproval of the Governor, is hereby 
authorized to use the sums collected for such purposes in the payment 
of the costs thereof, and include the same in his annual report to the 
Governor. 

Forty-second. To the trustees of the Lincoln Homestead, for the 
salary of the custodian, the sum of $1,000 per annum; and for repairs 
and improvements, the sum of $300 per annum ; and for heating and. 
lighting, $275 per annum; to be expended by said trustees as pro- 
vided in the act of 1887 creating said trust. 

To the trustees of Lincoln Monument, for salary of custodian, the- 
sum of $1,000 per annum; for fuel, care of grounds and other inci- 
dental expenses, $1,500 per annum. 



72 APPROPEIATIONS. 



Forty-third. To the Illinois State Historical Library, for care, 
maintenance, purchase of books, and manuscripts, the sum of $3,000 
per annum; for editing, printing and publishing historical documents, 
$2,000 per annum; for salary of assistant librarian. $900 per annum; 
for salary of janitor, $720 per annum; for the expenses of the State 
Historical Society in the holding of their annual meeting, the sum of 
$2,000. all to be expended under the direction of the trustees of the 
Illinois State Historical Library. 

Forty-fourth. To the Supreme Court reporter, for the expenses of 
printing in advance the opinions of the Supreme Court, and of dis- 
tributing printed proofs thereof to the several members of the court 
and to the Attorney General in such cases as the State may be inter- 
ested in, together with the expenses of transmitting such proofs and 
the original opinions by mail and express, and to make printers' cor- 
rections in said proofs after final adoption, the sum of $1,250 per an- 
num, j)ayable upon bills of particulars, certified to by at least two 
judges of said court. To the Supreme Court reporter, for custodian 
and messenger, the sum of $720 per annum, payable upon bills of 
particulars duly certified by the reporter. 

Forty-fifth. To the State Factory Inspector, to defray the travel- 
ing and other necessary expenses incurred by the inspectors and 
assistant factory inspectors in the performance of their duties, $10,000 
X3er annum. 

Forty-sixth. To the State Board of Arbitration, for traveling ex- 
penses of the members and secretary, and for postage, stationery, 
telegraphing, telephoning, expressage, additional clerk hire, office 
rent and all other necessary expenses, the sum of $5,000 per an- 
num, or as much thereof as may be necessary. 

Forty-seventh. To the Board of Pardons, for postage, telegraph- 
ing, expressage and other incidental expenses, $1,000 per annum; for 
salary of stenographer, the sum of $720 per annum; to the parole 
board, for salary of stenographer, $180 per annum. 

Forty-eighth. To the State Entomologist, for field, office, inci- 
dental and library ex^jenses, the sum of $1,500 per annum; for pay 
of assistants, the sum of $2,000 i^er annum; for the illustration of 
bulletins and reports, the sum of $500 per annum; for expenses in- 
curred under the "Act to prevent the introduction and spread in 
Illinois of the San Jose scale, and other dangerous insects and con- 
tagious diseases of fruits," the sum of $12,000, or so much thereof as 
may be necessary. 

To the State Agricultural Experiment Station, for the publication 
of bulletins prepared by the State Entomologist, the sum of $750 i^er 
annum . 

To the State Laboratory of Natural History, for the expenses of 
the natural history survey, the sum of $8,000 per annum: for the sup- 
ply of natural history specimens to the public schools, the sum $500 
per annum; for the publication of bulletins and reports, the sum of 
$1,000 per annum. 



APPEOPEIATIONS. 73 



Forty-ninth. To the Fort Massac trustees, the snm of S600 i3er 
annum the the purpose of paying the custodian, and S3.000 for im- 
provements. 

Fiftieth. To the State Board of Health, for salary of secretary, 
the sum of 33,000 per annum; for salary of assistant secretary, $1,800 
per annum; for necessary ofhce ex^jenses, including expenses incurred 
in attending meetings of the board, for making sanitary investiga- 
tions, and for the purposes of investigating the cause and preventing 
the spread of such contagious and infectious diseases as consumption, 
typhoid fever, diphtheria, scarlet fever, influenza and malarial fevers, 
the sum of $5,000 per annum; for expenses of laboratory for the in- 
Testigation of disease, $1,800 x^er annum; for chief clerk, $1,800 per 
annum; for one clerk $1,200 per annum; for two clerks, $1,000 each 
per annum; for stenographer and typewriter. $1,000 i^er annum; for 
registrar of vital statistics. $1,200 per annum; for bacteriologist. 81.200 
per annum; for janitor and messenger, the sum of $360 per annum. 

Also the sum of $10,000 per annum to be used only with the con- 
sent and concurrence of the Governor, on the recommendation and 
advice of the board, in case of an outbreak or threatened outbreak of 
any epidemic or malignant disease such as smallpox, yellow fever. 
Asiatic cholera and typhus fever, to defray the expenses of preventing 
the introduction of such diseases, or their spread from place to place 
within the State; to suppress outbreaks which may occur, and to in- 
vestigate methods of their prevention; also for special investigation, 
when required by the sanitary necessities of the State. 

Also the sum of 825.000 for the necessary expenses, including the 
salary of stenographer at $1,200 per annum, incurred in the super- 
vision and inspection of lodging houses, boarding houses, taverns, 
inns, rooming houses and hotels, in cities of one hundred thousand or 
more inhabitants. 

Fifty-first. To the State Food Commissioner, for salary of first 
assistant State analyist, $1,000 per annum; for expenses of inspectors, 
$6,000 per annum; for expenses of laboratory for office. $1,500 per 
annum; for rent for offices and laboratory. $2,500 per annum; for 
postage, $1,000 per annum; for exi^enses of State Food Commission, 
$3,600 per annum; for stenograi^her, 8900 per annum; for assistant 
stenographer, $480 per annum, for assistant cleik. $180 per annum. 

Fifty-second. To the University of Illinois, for the payment of in- 
terest on the endowment funds of said university, as provided by 
section 2 of the act relating to said university, approved June 11. 
1897, for the years 1905 and 1906, the sum of $64,000. or so much 
thereof as may be necessary under the terms of said act. 

Fifty-third. The Auditor of Public Accounts is hereby authorized 
and directed to draw warrants on the State Treasurer for all sums 
herein appropriated for the pay of clerks, secretaries. x)orters, mes- 
sengers, janitors, watchmen, policemen, laborers, engineers, firemen, 
stenographers, curators, librarians and other employes, when not 
otherwise i^rovided for by law, to be paid on monthly pay rolls duly 



74 APPROPRIATIONS. 



certified to, respectively, by the heads of departments, or by boards of 
commissioners and trustees requiring the services of such employes; 
and for all other appropriations specified herein, warrants on the 
State Treasurer shall, when not otherwise provided by law, be drawn 
only on itemized bills, accompanied by receipted vouchers, showing 
the expenditure of moneys named in the itemized bills, except for ex- 
penditures for railroad or street car fare. In cases of expenditures for 
railroad fares, the itemized bills must show from what point to what 
point traveled, and the amount paid for the same; said itemized bills 
to be certified to by the heads of departments; all expenditures by 
boards of commissioners and trustees ajDpointed by the Governor, or 
their employes, to be certified to by said boards and approved by the 
Governor, all expenditures by boards of commissioners and trustees 
provided for by law, to be certified to by the said boards of commis- 
sioners and trustees, respectively. 

The Auditor is hereby authorized, and it is made his duty, to re- 
fuse any warrant or warrants, when any of the provisions of this act 
are not strictly complied with. 

Approved May 18, 1905. . . - 



STATE HIGHWAY COMMISSION ESTABLISHED. 

§ 5. State engineer— appointment— duties. 
§ 6. Cooperation of road commissioners. 
§ 7. Appropriation— how drawn. 
Approved May 18, 1905. 



§1. Appointment of commissioners— term 
of office— vacancy— removal. 

§ 2. Oatti- offices— annual report. 

§3. Duties of commission. 



§ 4. Commissioners to receive no compen- 
sation—expenses provided for. 

Ak" Act to establish a State Highway Commission, defining the duties 
thereof and to make an appropriation for experimental purposes. 

Section 1. Be if enacted by the Peoj)le of the State of Illinois 
represented in the General Assembly : That the Governor shall, 
upon the taking eff^ect of this act, by and with the consent of the 
Senate appoint three persons, to be entitled and known as "The 
Highway Commission," two of whom shall belong to the ijolitical 
party casting the highest number of votes at the last preceding 
general election and one of whom shall belong to the political party 
casting the next highest number of votes. The persons so appointed 
shall hold office for two years from the date of their appointment and 
qualification, unless sooner removed. In making the appointments 
the Governor shall designate which of the three persons so appointed 
shall act as chairman of the commission for the ensuing two years. 
In case of any vacancy in said commission, the Governor shall im- 
mediately fill such vacancy. The Governor may remove any member 
of said commission from office for misconduct, incompetency, or neg- 
lect of duty; and two members of said commission shall constitute a 
quorum for the transaction of business. 



APPEOPEIATIONS. 15- 



§ 2. Before entering upon their duties, the said commissioners 
shall resiDectively take, and subscribe to, the constitutional oath 
required of other State officers, which shall be filed in the office of the 
Secretary of State, who is hereby authorized and directed to adminis- 
ter such oath. The Secretary of State shall thereupon set apart and 
properly furnish a room in the State Capitol for the use of said com- 
mission and shall provide all needful books, stationery and printing 
required, for the transaction of the business of the commission. The 
said commission shall submit an annual report to the (iovernor,. 
which shall include a detailed statement of the expenses of the com- 
mission. 

§ 3. It shall be the duty of the commission to investigate and to 
carry on such exijerimental work in road building, different methods 
of construction, kinds of material and system of drainage as will 
enable it to determine upon the various methods of road construction 
best adapted to the various sections and soils of the State, the cost of 
the same, and recommend standards for the construction of highways 
in the various sections of this State. It may be consulted by comity, 
city, village, or township officers having authority over highways and 
bridges, and shall, when requested, advise and give without charge 
information to such officers relative to the construction, repairing^ 
alteration and maintenance of said highways and bridges. 

§ 4. The said commissioners shall receive no compensation for 
their time or services: -but the actual expenses of each of them while 
engaged in the performance of the duties of the office and any actual 
outlay for any aid and assistance required in examination and investi- 
gation on being made out and certified by the commissioner making 
the charge, verified by the chairman of the commission and approved 
by the Governor, shall be x^aid monthly by the Treasurer, on the war- 
rant of the Auditor of Public Accounts. 

§ 5. The said commission shall have power to appoint a State 
engineer, who shall receive reasonable compensation for the time 
actually employed in the service of the State. Said engineer shall be 
subject to the direction of the commission while engaged in his- 
official duties and shall be allowed his actual traveling expenses 
when on official business. He shall submit an itemized statement of 
his expenses to the commission for their approval. Said commission 
shall be empowered to employ such clerical and other assistance as 
the members thereof may deem necessary to successfully carry on the 
work of said commission. 

§ 6. It is hereby made the duty of all commissioners of highways 
in counties under to^mship organization, and of commissioners of 
highways and supervisors or overseers of highways in counties not 
under township organization, to furnish detailed information con- 
cerning their work and of the highways imder their control to the 
State Board of Highway Commissioners, upon the written request of 
and on blank forms supplied by said State commissioners. 



76 APPROPRIATIONS. 



§ 7. The sum of twenty-five thousand dollars ( S25.000 ) per annum 
is hereby ai^i^roi^riated to carry out the i^rovisions of this act and the 
Auditor of Public Accounts is hereby authorized and directed to 
draw his warrant for the sum herein si^ecified upon the Treasurer 
upon the presentation of proper vouchers attested by the chairman of 
the commission and approved by the Governor. 

Approved May 18, 1905. 



g 8. Uses of buildino: — care and custody 
vested in Supreme Court. 

Approved May 18, 1905. 



SUPREME COURT BUILDING. 
Preamble. : §6. Appropriates .$150,000 

§ 1. Building commission— how constituted. I §7. How drawn. 
§ 2. Organization of commission. 
§3. Selection of site. 
§ 4. Plans and designs. 
§ 5. Bids for erection of building. 

An Act creating a commission and providing for the construction of a 
building for the use of the Dejjartment of Justice of the State of Illi- 
nois^ and for securing a site, and making an appropriation for such 
building and site. 

Whereas, The portion of the capitol building assigned to the use 
of the Department of Justice of the State of Illinois, embracing the 
Supreme Court, the offices of the Attorney General, the State law 
library, and the other branches of said department, including the Appel- 
late Court for the Third District, is inadequate for such use, and is 
required for other purposes in the increasing business of the State 
and the several State boards ; therefore. 

Section 1. Be it enacted by the People of tlie State of Illinois, 
represented in the General Assembly : That a commission consist- 
ing of the Governor, Lieutenant Governor, Secretary of State, Audi- 
tor of Public Accounts. State Treasurer, Attorney General, and three 
judges of the Supreme Court to be designated by said court, is hereby 
constituted, with full power to carry out the provisions of this act. as 
hereinafter set forth. 

§ 2. It shall be the duty of the commission, named in section 1 of 
this act, to meet and organize, as soon as practicable after the taking 
effect of this act, by electing one of their number president and 
another secretary. 

§ 3. It shall be the duty of said commission to select a suitable 
site on some of the lands or grounds owned by the State of Illinois, 
situated in the city of Springfield, upon which to erect a building for 
the use of the Department of Justice of said State; or if, in the 
opinion of the commission, no suitable site can be selected on grounds 
already owned by the State, then said commission may select some 
other site in said city, and acquire title thereto, either by donation, 
purchase, or condemnation; and said commission is hereby invested 
with power to obtain the title to any site so selected by condemnation 
under the eminent domain laws of said State. 



APPEOPEIATIONS. 77 



§ 4. After said commission shall have selected a suitable site for 
the erection of the building herein specified, and acquired title thereto, 
it shall be the duty of said commission to advertise for plans, designs 
and specifications for such building, and the competition shall be o^Den 
to all the architects of the State. Said commission shall make a 
selection of plans, designs and specifications, for a building which, 
together with the expense, if any. of securing a site therefor, shall 
cost, when finallv completed, not more than three hundred and fifty 
thousand dollars ($350,000): and said commission is hereby author- 
ized to pay for said plans, designs and specifications a reasonable 
sum, out of any moneys herein appropriated for the erection of such 
building. 

§ 5. As soon as said commission has selected the plans, designs 
and specifications for the erection of such building, they shall proceed 
to advertise for bids for the erection of the same, and shall let the 
contract for the construction thereof to the lowest and best responsi- 
ble bidder, after having advertised the same for 30 days in at least 
one newspaper in the following named cities: Chicago. Springfield. 
Bloomington, Peoria, Quincy, Decatur and East St. Louis: Provided, 
the commission shall have power to reject any and all bids and re- 
advertise, as many times as in their judgment they may think best. 

§ 6. In order to carry out the provisions of this act, and to secure 
a site and begin the construction of such building, there is hereby 
appropriated the sum of one hundred and fifty thousand dollars 
(SloO.OOiJ), to be subject to the order of the said commission on the 
terms and conditions set forth in section 7 of this act. 

§ 7. The Auditor of Public accounts is hereby directed and em- 
powered to pay out, upon vouchers signed by a majority of the com- 
mission herein named, all or any part of the sum appropriated in 
section 6 of this act. 

§ 8. After the comxDletion of the building herein specified, it shall 
be devoted to the uses of the Department of Justice of the State of 
Illinois, and be occupied by the Supreme Court, the Attorney Clen- 
eral, with his assistants, the State law library, the Appellate Court 
for the Third District, and the other branches of the Department of 
Justice of said State now existing or which may hereafter be created. 

The care, custody and control of said building, when completed, 
shall be vested in the Sux)re.me Court, and they are hereby empowered 
to apjDoint a custodian of said building when so completed, at a salary 
not to exceed $1,000 per annum. 

Approved May 18, 1905. 



78 APPROPRIATIONS — ARCHITECTS. 

RICHARD YATES PORTRAIT. 
•§1. Appropriates^l.OOO— how drawn. | Approved May 12, 1905. 

Ax Act maJcing an appropriation for the painting of a portrait of ex- 
Governor Richard Yates. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assemhly : That there be and is hereby 
appropriated from the money in the treasury the sum of one thous- 
and (1,000) dollars or so much as may be necessary thereof to have 
painted and framed a jDortrait of ex-Governor Richard Yates, to be 
placed in the Executive office at the State House, to be paid on the 
order of the Secretary of State and approved by the Governor. 

Approved Mav 12. 1905. 



ARCHITECTS. 



LICENSING OF ARCHITECTS. 

■§1. Amends section 8, act of 1897. | Approved May 16, 1905. 

§ 8. PracticinR without a license— j , - 

penalty. 

An Act to amend section eight (8) of "An act to provide for the licens- 
ing of architects, and regulating the practice of architecture as a pro- 
fession/' approved June 3, 1897, in force July 1, 1897. 

• Section 1. Be it enacted by the People of the Stcde of Illinois 
represented in the General Assembly : That section eight (8) of an 
act entitled, "An act to provide for the licensing of architects, and re- 
gulating the practice of architecture as a profession." approved June 
y, 1897, in force July 1. 1897, be and is hereby amended to read as 
follows : 

§ 8. After six months from the passage of this act it shall be un- 
lawful, and it shall be a misdemeanor punishable by tine of not less 
than ten dollars ( $10 ) nor more than two hundred dollars ( $200 ) for 
each and every offense, for any person to practice architecture with- 
out a license in this State, or to advertise, or to put out any sign or card 
or other devise which might indicate to the public that he or she is 
^,'ntitled to practice as an architect. 
Approved May 16, 1905. 



ARCHITECTS — ASSIGNMENTS. 79 

STATE architect's SALARY. 

§ 1. Amends section 2 of existing law. Approved May 16, 1905. 

§2. Salary and expenses of State 
architect. 

An Act to amend section two (2) of an act entitled, ''An act creating 
the office of supervising architect of the State of Illinois and defining 
his powers and duties." 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the Ge?ie')ril Assembly: That section two (2) of an 
act entitled, "An act creating the office of supervising architect of the 
State of Illinois and defining his powers and duties," be amended to 
read as follows: 

§ 2. The compensation of such State Architect shall be live thou- 
sand (5,000) dollars per annum, and the Auditor of Public Accounts 
is hereby authorized and directed to issue his warrants on the 
treasury in favor of such State Architect for the amount specified in 
this section, and the State Treasurer is hereby authorized and directed 
to pay said warrants out of any money in the treasury not otherwise 
appropriated, and in addition to his salary as herein provided, the 
trustees of the several State institutions shall pay to the State 
Architect the necessary traveling exj)enses when engaged in the sup- 
erintendence and construction of work for such institution, and all of 
the actual and necessary expenses incurred by him in the preparation 
of plans and specifications, such salaries, for draughtsmen and other 
employes, out of the approjjriations for which the work was specific- 
ally performed, upon presentation of itemized bills for the various 
Ijarties performing such services of furnishing such material and 
sworn and certified to by the State Architect. In no instance shall 
these additional expenses exceed one and one-half (1|) j)er cent of the 
total amount of work done. 

Approved May 16, 1905. 



ASSIGNMENTS. 



§ 1. Assignments must be in writing and 
duly acknowledged— assignment by 
husband. 

§ 2. Assignment defined. 

§ 3. Loans tainted with usury. 



assignment of wages. 

§ i. Certain assignments void. 
§ 5. Suits to enforce assignment— injunction. 
§ 6. Validity of act considered— proviso. 
Approved May 13, 1905. 



An Act in relation to the assignment of wages, income or salary. 

Section 1. Be it enacted by the Peoj)le of the State of Illinois^ 
represented in the General Assembly : No assignment of the wages 
or salary of any person shall be valid, so as to vest in the assignee 



80 ASSIGNMENTS. 



any beneficial interest, either at law or in equity, unless such assign- 
ment shall be in writing, signed by the assignor and acknowledged in. 
person by the assignor before a justice of the peace in and for the- 
township in which the assignor resides, and entered by such justice 
upon his docket, and unless within three days from the date of the 
execution and acknowledgment of such assignment, a true and com- 
plete copy of said assignment and of the certificate of its acknowl- 
edgement shall be served upon the person, firm or corporation from 
whom such wages or salary is due or is to become due, in the same 
manner that the summons in chancery is now required by law to be 
served: Provided, further, that no assignment of wages or salary by a 
married jjerson shall be valid unless the same is also executed and 
acknowledged, as above, by the assignor's wife or husband, as the 
case may be. 

§ 2. The term "assignment" as used in this act shall include 
every assignment, transfer, sale, pledge, mortgage or hypothecation, 
however made or attempted, of the wages or salary of any i3erson, or- 
of any interest therein. 

§ 8. Whenever any assignment of the wages or salary of any per- 
son or persons shall be given as security for a loan tainted with 
usury, or shall be given to secure the payment or fulfillment of a 
usurious contract or the payment of the principal or the interest of a 
usurious debt, such assignment shall be absolutely void. 

§ 4. Every assignment of wages to be earned in whole or in part, 
more than six (6) months from and after the making of such assign- 
ment shall be absolutely void. 

§ 5. Whenever any person, firm or corporation shall bring or 
threaten to bring any action or suit to enforce any assignment of 
wages or salary which has not been duly executed, acknowledged and 
served upon the employer in conformity with the provisions of this 
act or which is declared invalid by the provisions of this act, courts 
of equity shall have full jDower, upon the application either of the- 
assignor of such wages or salary, or of the person, firm or corporation 
from whom such wages or salary is, or is to become due,, 
to perpetually enjoin the threatened or attempted enforcement 
of any such assignment, and the fact that the complainant has a. 
complete and adequate remedy at law, shall constitute no defense tO' 
the maintenance of a suit in equity for the purposes aforesaid. 

§ 6. The invalidity of any portion of this act shall not affect the 
validity of any other portion thereof which can be given effect with- 
out such invalid part. 

Appeoved May 13, 1905. 



CANALS AND KIVEKS. 81 



CANALS AND RIVERS. 



ILLINOIS AND MICHIGAN CANAL COMxMISSIONERS. 
§ 1. Amends section 8, act of 1874. Approved May 16, 1905. 

§ 8. Duties of canal commissioners 
enumerated. 

An Act to amend section 8 of an act entitled, "An act to revise the law 
in relation to the Illinois and Michigan canal and for the improvement 
of the Illinois and Little Wahash rivers" approved March 27, 1811^, 
in force July 1, 1811^, as amended hy an act approved June 19, 1891, 
in force July 1, 1891, as amended hy an act approved April 21, 1899, 
in force July 1, 1899. 

Section 1. Be if enacted hy fJte People of the State of Illinois 
represented in the General Assejnhly : That section 8 of an act en- 
titled "An act to revise the hiw in rehition to the Illinois and Mich- 
igan canal and for the imx)rovement of the Illinois and Little Wabash 
rivers,"' approved March 27. 1874, in force July 1. 1871, as amended 
by an act approved June 19. 1891. in force July 1, 1891. as amended 
by an act approved April 21, 1899, in force July 1, 1899, be and the 
same is hereby amended so as to read as follows: 

§ 8. Said commissioners shall have control and management of 
the Illinois and Michigan canal, including its feeders, basins and ap- 
purtenances, and the property thereto belonging, and all locks and 
dams and other improvements of the navigation of the Illinois and 
Little Wabash rivers, and shall have authority: 

First: To appoint a general superintendent, collector of tolls and 
such other officers and agents as may be necessary for the manage- 
ment of the said canal, locks, dams and other improvements, and pre- 
scribe their compensation, jjowers and duties, and remove them at 
pleasure and may employ all such agents and servants as may be nec- 
essary in the performance of the duties of their office. 

Second: To prescribe reasonable rules and regulations in respect 
to all matters connected with the navigation and use of the said canal, 
locks and dams and transportation on or through the same, and who- 
ever shall wilfully or negligently refuse or neglect to comply with such 
rules maj" be lined in any sum, not exceeding §50 for each offense, to 
be recovered in the name of the People of the State of Illincis, before 
any justice of the peace in the county, and paid over to said commis- 
sioners, and said commissioners may prohibit all laersons who wilfully 
refuse or neglect to comply with such rules from using said canal, 
locks and dams. Printed copies of such rules and of this article shall 
be posted for public inspection in the offices of the collectors of tolls. 
The power granted in this article shall apply as well to that part of 
the south branch of the Chicago river within one thousand feet of the 
lock at Bridgeport, and to the canal basin at or near the termination 
of the canal on the Illinois river, and to that part of the Illinois and 

—6 L 



82 CANALS AND RIVERS 



Little Wabash rivers above and below the several locks and dams 
within one thonsand feet thereof, and to all feeders, basins and lat- 
erals as to the canal, locks and dams. 

Third: To establish and collect reasonable rates of toll for the 
passage and use of the said canal and the said locks: Provided, that 
the nse of the said canal and locks shall be free for the transportation 
of any property of the United States, or jjersons in their service pass- 
ing through the same. 

Fourth: To sell and dispose of any machinery, fixtures, stone, de- 
bris, material or personal property unnecessary for the proper man- 
agement, construction, rejjair or use of said canal, locks, dams and 
other improvements. 

Fifth : To lease from time to time any of the canal lands or lots 
owned by the State: Provided, no lease shall be for a period exceed- 
ing twenty years. 

Sixth: To lease from time to time, to the highest bidder therefor, 
any water power and lands or lots connected therewith. Before any 
such lease shall be made, at least thirty days' public notice of the in- 
tended letting shall be given by publication in some newspaper pub- 
lished in the neighborhood, and such other notice as the commission- 
ers shall deem best. The commissioners shall have power to require 
that bids be accompanied by security and may reject all bids not 
satisfactory to them, and re-advertise until they shall receive satis- 
factory bids. No lease shall be for a period exceeding twenty years, 
but the commissioners may provide for the extension of any lease 
from time to time, not exceeding twenty years at any one time, at a 
rent to be fixed by an appraisal, to be made by three disinterested 
appraisers to be appointed by the Governor, and such ai^praisal shall 
be subject to the approval of the commissioners. All leases of water 
l)ower and extension thereof shall be subject to the right of the com- 
missioners to resume, without compensation to the lessee, the use of 
any such water power for the purj^ose of the canal, and also wholly to 
abandon or destroy the work by the construction of which the water 
privilege shall have been created, whenever, in the opinion of the Leg- 
islature, such work shall cease to be advantageous to the State. 

Seventh: To lease from time to time to the highest and best bid- 
der (after publishing notice in some newspaper published in the 
county where the ice privilege to be leased may be), in sections not 
exceeding one thousand feet, lineal measure, upon such terms, as not 
to interfere with the proper use and management of the canal, the 
right to take and harvest ice therefrom, or from any of its feeders, 
basins and api)urtenances, and to prohibit all persons from taking and 
harvesting ice therefrom without such lease: Provided, no such 
lease shall be for a longer time than twenty years. 

Eighth: To sell and convey, whenever in their judgment the inter- 
est of the State will be promoted thereby, any canal lands or lots now 
owned by the State, and any riparian rights in and along the Des 
Plaines river: Provided, they shall not sell any lands or any portion 



CANALS AND EIVEES — CEMETERIES. 83 



of the ninety foot strip along the canal which are now utilized in con- 
nection with the use of the water power upon the said canal or which 
will prevent or interfere with the proper use and operation of the said 
canal as a waterway. But before making any such sale they shall 
obtain the approval of the Governor thereto, and to the time, place 
and manner of making the same: Provided, that before any such 
sale shall be made thirty days' previous notice thereof shall be given 
in some newspaper published in the county where such land, lots or 
riparian rights are situated. And said land, lots or rij^arian rights 
shall be sold at public auction to the highest and best bidder: Pro- 
vided, that any or all such bids may be rejected if, in the judgment of 
the canal commissioners, the interests of the State seem to require it. 

Ninth : To execute in due form and deliver any conveyance that 
may be necessary to comi^ly with the conditions of any bond, contract 
or agreement heretofore made by those lawfully authorized to sell any 
of the real estate known as canal lands, where the purchaser shall 
have complied with the conditions of such bond, contract or agree- 
ment, and the commissioners are satisfied that he is justly entitled to 
such conveyance. 

Approved May 16, 1905. 



CEMETERIES. 



DONATIONS TO MUNICIPAL CEMETERIES. 

g 1. Authorizes acceptance of donations by I Approved March 3, 1905. 
board of managers — emergency. 

An Act to amend an act entitled, "A71 act to enable cities and villages 
to establish and regulate cemeteries, approved March 34-, 1874, 
amended by an act approved May 25, 1877, in force July 1, 1877, 
amended by an act approved June I4, 1883, in force July 1, 1883," by 
adding thereto the following to be designated as sectio7i oV^. 

Section 1. Be it enacted hij the PeojJe of the State of Illinois, 
repi'esented. in the Genercd AssemhJij : That an act to enable cities 
and villages to establish and regulate cemeteries, approved March 24, 
1874, as amended by an act approved May 25, 1877, in force July 1, 
1877, as amended by an act approved June 14, 1883. in force July 1, 
1888, be amended by adding thereto the following, to be designated 
as section 5^. 

Section 5|. Where there is now, or may hereafter be established 
and maintained cemeteries as provided in section five (5) of this act, 
the mayor with the advice and consent of the city council may ap- 
point a board of three persons who shall be known as the cemetery 
board of managers, who shall hold their office for a period of two 
years or until their successors are appointed, who are hereby autho- 
rized and empowered to receive in trust from the proprietors or own- 



84 CEMETERIES. 



ers of any lot or ground or any person interested in the maintenance 
of the same, any sum of money by bequest of no less denomination 
than fifty dollars ($50) and upward and invest the same in such 
manner as shall be provided b}^ ordinance of said city and apply 
the income thereof perpetually for the care of such cemetery, lot, 
the grass, graves, trees and ornaments as may be provided by ordi- 
nance of the city council. 

Whereas. There are several parties in the various cities through- 
out the State that desire to make such donations, wherefore, an 
emergency exists, therefore, this act shall be in full force and effect 
from and after its passage. 

Approved March 3, 1905. 



ORGANIZATION AND CONTROL OF CEMETERY ASSOCIATIONS. 



§ 1. Adds several sections to act of 1903. 

§ 15. Cemetery associations are pub- 
lic corporations. 

§ 16. Plats and maps provided for. 

g n. Condemnation of adjoining land 
— metiiod of procedure. 



g 18. Condemnation proceedings — 
further provisions. 

§ 19. Condemnation proceedings — 
further provisions. 

§ 20. Condemnation proceedings — 
duty of county judge. 

I Approved May 16, 1905. 

An Act to amend "An act to provide for the organization^ ownership^ 
management and control of cemetery associations" approved May 14^ 
1903, in force July 1, 1903, hy adding thereto six neiv sections, to he 
numbered 15, 16, 17, 18, 19 and 20. 

Section 1. Be it enacted by tJie People of the State of Illinois^ 
represented in the Genercd Assembly. That an act to amend an act 
to provide for the organization, ownership, management and control 
of cemetery associations, approved May 14, 190H, be amended by add- 
ing thereto six new sections to be numbered 15, IB, 17, 18, 19 and 20, 
to read as follows: 

§ 15. That such cemetery association, when duly organized, shall 
be public corporations, for the purpose of burial ground and cemetery 
business only. 

§ 16. That such cemetery association heretofore organized or that 
may hereafter be organized for cemetery purposes, which shall have 
acquired or may hereafter acquire land by purchase, deed, will or 
otherwise, and shall have i)lcitted, mapped and used said land for 
cemetery purposes, may, when necessary, acquire additional land, ad- 
joining and abutting on such cemetery by condemnation proceedings, 
as hereinafter provided: Provided, howevei\ that no such land 
sought to be condemned shall be or lie within the corporate limits of 
any city or village. 

§ 17. The cemetery association seeking to condemn land abutting 
and adjoining the said cemetery shall first cause to be filed in the 
office of the county clerk of the county where such land is situate a 



CEMETEEIES. "85 



petition to the judge of the county court, verified by atfidavit, for 
leave to begin condemnation proceedings against such land sought to 
be condemned. Said petition shall contain a description of the ceme- 
tery, its location, as already established and in use, a statement of the 
number of lots sold and the number yet unsold, a description of the 
land sought to be acquired by condemnation, its location with regard 
to dwelling houses in the vicinity and state the reasons for tiling the 
petition, and asking for condemnation proceedings. 

§ 18. The cemetery association by its agent or attorney shall upon 
tiling such petition, cause a notice in writing to be served upon the 
owner or owners of such land sought to be condemed for cemetery 
purposes, if such owners are residents of this State. Such notice shall 
name a day at least ten days after the service of notice when such 
petition shall be heard. It shall also state the court before whom the 
case shall be heard; the description of the ground sought to be con- 
demned, the object for which it is to be used. In case such 
owner or owners can not be found or are non-residents of the State, 
notice may be had by publication in some newspaper of general cir- 
culation in the county, once each week for four successive weeks, or 
in case no such paper is published in said county, then by jjosting 
four notices in four of the most i^ublic places in said county at least 
four weeks prior to the day of hearing of said petition. 

§ 19. The owner or owners of the land sought to be condemned 
under this act shall, if they see fit, file with the clerk of such county 
court on or before the day designated in said notice, objections to 
such proceedings to condemn such land verified by affidavit, and in 
case the objections so verified are filed within the time specified in 
said notice, the same shall be considered by the county judge in con- 
nection with the granting or refusal of prayer of said petition. 

§ 20. It shall be the duty of the county judge to examine such 
petition and affidavits as soon as conveniently may be and if he con- 
siders the petition should not be granted, he shall mark it "'not ap- 
proved," and the right to file proceedings for condemnation shall be 
■denied. But if the judge shall find that the best interest of all con- 
cerned will be subserved by granting such petition, he shall mark the 
IDetition "approved." and enter an order of record, in his docket direct- 
ing the petitioner to file its petition not less than ten (10) nor more 
than sixty days from the date of such api^roval. Upon the order of 
such county judge being made, the said cemetery association peti- 
tioning, shall begin said proceedings for condemnation in said court, 
-as aforesaid within the dates prescribed by the judge and the j^ro- 
ceedings shall be had as in other cases of condemnation, provided by 
the stati^te. 

Approved May 16, 1905. 



86 CHARITIES. 



CHARITIES. 



HOMES FOR DELINQUENT CHILDREN. 



§ 1. To whom act applies— definitions. 

§ 2. Consent of parent or guardian required. 

§ 3. Home-finding associations to keep cer- 
tain records. 



§ 4. Penalties. 
Approved May 1-3, 190.J. 



An Act to regulate the surrender, placing and transfer of children. 

Section 1. Be it enacted hy tJie People of the State of Illinois 
rejjresentecl in tlie General Assembly : This act shall apply to all 
neglected, dependent, truant and delinquent children under the age 
of eighteen years. The word child or children may mean one or 
more children; parent or parents, one or both parents, and persons 
standing in the relation of parents; association, a corporation or as- 
sociation of persons whether incorporated or not. 

§ 2. No person or association engaged in the business of caring 
for or placing in homes children coming within either of the classes 
to which this act applies, shall place in any family home such child 
without first having obtained the written surrender or consent from 
its parents or some person having the right to control the custody of 
such child, unless the child has been committed to such person or as- 
sociation by a competent court, or unless the child is placed in a home 
by order of court. 

§ 3. Every person or association engaged in the business of car- 
ing for, or placing in homes, children coming within either of the 
classes to which this act applies, shall keep a book or card record in 
which shall be entered the name, sex and age of each child, under the 
care or control of such person or association, the date of the surren- 
der or commitment of such child to his or its care; the court by which 
the child was committed; or the name, address and occupation of the 
parents or other persons, surrendering the child, and the names, ages 
and addresses of its brothers and sisters, as far as can be ascertained; 
also the names, addresses and occupations of persons with whom said 
child may be placed, or replaced by said person or association; also a 
record of visits made to such child by agents of the person or assoc- 
iation; no entries shall be made on such record except such as per- 
tain to the children thus dealt with. 

§ 4. Whoever coming within the terms of this act shall violate 
any of the provisions thereof shall forfeit and pay to the People of 
the State of Illinois the sum of not less than twenty dollars ($20) and 
not exceeding two hundred dollars ($200), to be recovered in action 
of debt before a justice of the peace or any competent court, for the 
benefit of the school fund of the district in which recovery is had. 

Approved May 13, 1905. 



CHAEITIES. 87 



NAMES OF INSTITUTIONS CHANGED. 



1 1. Amends section 1, act of 1875. 

§ 1. Names of certain institutions 
changed. 



Approved May 13, 1905. 



An Act to amend section one {!) of an act entitled, "An act to regulate 
the State charitable institutions and the State Reform School, and to 
improve their organization and to increase their efficiency/' approved 
April 15, 1875, in force July 1, 1875. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That section (1) of an act 
entitled "An act to regulate the State charitable institutions, and the 
State Reform School and to improve their organization and increase 
their efRciency,'" approved April 15, 1875, in force July 1, 1875, be 
amended to read as follows: 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That the State institutions 
hereinafter named, are hereby recognized and continued and that they 
hereafter be known and designated by their respective titles as ex- 
pressed in this section, namely: 

charitable. 

The Illinois Central Hospital for the Insane, at Jacksonville. 
The Illinois Northern Hospital for the Insane, at Elgin. 
-■ The Illinois Southern Hospital for the Insane, at Anna. 
The Illinois School for the Deaf, at Jacksonville. 
The Illinois school for the Blind, at Jacksonville. 
The Illinois Asylum for Feeble-Minded Children, at Lincoln. 
The Illinois Soldiers' Orphans' Home, at Normal. 
The Illinois Charitable Eye and Ear Infirmary, at Chicago. 
Appeoved May 13. 1905. , . 



ST. CHARLES home FOR BOYS— NAME changed. 

§1. Amend section 3, act of 1901. I Approved May 13, 1905. 

§3. Name changed to St. Charles 
School for Boys. 

An Act to araend section 3 of an act entitled, "An act to establish a 
home for delinquent boys,'' approved May 10, 1901, in force July 1, 
1901, changing the name of said home. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That section 3 of "An act to 
establish a home for delinquent boys," approved May 10, 1901, in 
force July 1, 1901, be amended to read as follows: 

§ 3. The name of said home shall be the St. Charles School for 
Boys. 

Approved May 13, 1905. 



CITIES, TOWNS AND VILLAGES. 



CITIES, TOWNS AND VILLAGES. 



CERTAIN ELECTIONS LEGALIZED. 

§ I. Informalities in certain elections rem- I § 2. Emergency. 

I I Approved May 16, 1905. 

An Act to legalize certain elections held under ''An act to provide for 
the incorporation of cities and villages" approved April 10, 187:2. in 
force July 1, 1872. 

Section 1. Bv it enacted hy tlie People of the State of Illinois, 
represented in the General Assembly: That whenever any city, 
town or village has held an election to incorporate as a city or vil- 
lage under the general law, and the returns of such election have not 
been entered upon the records of such village, or of the county court, 
showing the canvass of votes and the result of such election, and the 
canvass of votes and the result of the election for first officials, and a 
certified copy of such records, filed and recorded in the ofiice of the 
recorder of deeds in the county in which such city or village is situ- 
ated, and filed in the office of the Secretary of State, such elections 
so held -by any such city, town or village are hereby declared legal 
and valid: Provided, such returns of such elections are now. or shall 
(be made) within six months from the date when this act becomes 
effective, and certified copies of the same are filed and recorded as 
required by section \.'6 of said act as amended, to which this act refers, 
within said six months, and all elections of officers and organization 
of any cities and villages in this State under and by virtue of any 
such elections, if otherwise according to law are hereby legalized and 
made effective, and all the acts of said cities and villages are hereby 
legalized and made effective, and all the acts of any such cities or vil- 
lages, if otherwise legal, are also hereby made legal and binding: and 
upon the filing and recording as aforesaid, the Secretary of State 
shall charter said city or village by his certificate duly authenticated 
under his hand and the great seal of the State. 

§ 2. Whereas, The records of several of the cities and villages in 
this State are deficient in the particular set forth in section 1 of this 
act, and such cities and villages, are without charter and warrant of 
law to do business, therefore an emergency exists, and this act shall 
be in force from and after its passage. 

Approved May 16, 1905. 



CITIES. TOWNS AND VILLAGES. 



CIVIL SERVICE IN COOK COUNTY. 

-§ 1. Appointment of physicians and nurses i Approved May 16, 1905. , 

for care of sick and insane. 

Ax Act concerning the classified civil service of the county of Cool:. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: The appointment, employ- 
ment and removal by the board of commissioners of Cook county, of 
all ijhysicians and surgeons and nurses for the care and treatment of 
the sick, poor and insane of said county shall be made only in con- 
formity to the i^rovisions of section 61 of an act entitled, "An act to 
revise the law in relation to counties." Approved March 31, 1874, as 
amended by an act approved June 14, 1887, and as amended by an 
act of June 26, 1895. enforced [in force] July 1, 1895. The Board of 
Commissioners of Cook county may provide that such physicians and 
surgeons be apportioned among the recognized schools of medicine in 
such proportion as said board may from time to time determine.and may 
contract with any recognized training school for the nursing of any 
or all of such insane or sick: Prorided. Jioirever. that all such phy- 
sicians and surgeons who serve without compensation shall be aj)- 
pointed only for a term of six years, and that the physicians and 
surgeons usually designated and known as internes shall be appointed 
only for a term of eighteen months: And, provided, that there may 
•also, at the discretion of the board, be a consulting statf of physicians 
and surgeons, which staff may be appointed by the president, subject 
to the approval of the board. 

Approved May 16, 1905. 



CONSTRUCTION OF SIDEWALKS. 



■| 1. Revises act of 1875 



§ 2. Emergency. 

§ 7. Letting of contracts. 

§ 8. Vacation of tax. 
Filed May 18, 19<)5. 



§ 1. Special taxation of lots— one or- 
dinance may include several 
walks. 

§ 2. What ordinance shall contain. 

§ 3. Neglect of owner to construct. 

§ 4. Special tax— dut>' of officer. 

§ 5. Judgments against lots — laws 
governing. 

§ 6. Construction by owner. 

An Act entitled, 'An act to amend sections 1, 2, S, Jf, 5 and 6 of an act 
to provide additional means for the construction of sidetvall~s in cities, 
towns and villages/' approved April 15, 1875, in force Jvly 1, 1815, 
and to add two new sections thereto to he known as sections 7 and & 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the Genercd Assemhly : That sections 1. 2. 3. 4. 5. 
and 6 of an act to i^rovide additional means for the construction of 



90 CITIES, TOWNS AND VILLAGES. 



sidewalks in cities, towns and villages, approved April 15, 1875, be 
amended so as to read as follows, and that two new sections be added 
thereto to be known as sections 7 and 8. 

Section 1. That in addition to the mode now authorized by law, 
any city or incorporated town or village may by ordinance, provide 
for the construction of sidewalks therein, on, along or upon any street 
or streets or part of street therein, and may, by such ordinance jDro- 
vide for the payment of the whole or any part of the cost thereof by 
special taxation of the lot, lots or parcels of land touching upon the 
line where any such sidewalk or sidewalks shall be ordered and such 
special taxation may be either by levying the whole or any part of 
the cost thereof upon each of the lots or parcels of land touching 
upon the line of such sidewalk, _/:)?*o rata upon each of said lots or 
parcels, according to their respective values — the values to be 
determined by the last preceding assessment thereof for the purpose 
of State and county taxation; or the whole or any part of the cost 
thereof may be levied upon such lots or parcels of land in proportion 
to their frontage upon such sidewalk or sidewalks, or in proportion to 
their superficial area, as may be provided by ordinance ordering the 
laying down of such sidewalk; and in case such ordinance shall only 
require the payment of a part of the cost of such sidewalk to be paid 
by a special tax as aforesaid, then the residue of such cost shall be 
paid out of any fund of such city, town or village, raised by general 
taxation upon the property thereof and not otherwise appropriated. 
And any such city, town or village may by one and in the same ordi- 
nance provide for the construction of sidewalks hereunder on two or 
more streets, or jjarts of streets, or on one or both sides of any street 
or streets: Provided, that such sidewalks are so connected, or 
otherwise related, as to constitute but a single system of improve- 
ment. 

§ 2. Said ordinance shall define the location of such proposed 
sidewalks with reasonable certainty, shall prescribe its width, the 
materials of which it shall be constructed and the manner of its con- 
struction, and may provide that the materials and construction shall 
be under the supervision of and subject to the approval of some offi- 
cer or board of officers of such city, town or village to be designated 
in said ordinance. Said ordinance may require all owners of lots or 
parcels of land touching the line of said proposed sidewalk to con- 
struct a sidewalk in front of their respective lots or parcels of land in 
accordance with the specifications of said ordinance, within thirty 
days after the mailing of notice of the passage of such ordinance, 
addressed to the party who paid the last general taxes on the respec- 
tive lots or parcels; and in default thereof, said city, village or town 
may furnish the materials and construct said sidewalk in accordance 
with said ordinance, or may enter into a contract for the furnishing 
of said materials and the construction of said sidewalk as hereinafter 
provided: and the cost of such part thereof as may be fixed in said 
ordinance may be collected as hereinafter provided; and it shall be 



CITIES, TOWNS AND VILLAGES. 91 



lawful for such city, town or village to issue noninterest bearing 
vouchers in payment for such walks, payable solely out of the special 
tax herein provided for when the same is collected. 

§ '6. Such ordinance may provide that a bill of the cost of such 
sidewalk, showing the cost of the construction and sujDervision 
thereof, shall be made by the officer or board designated by said ordi- 
nance to take charge of the construction of said sidewalk, together 
with a list of the lots or parcels of land touching upon the line of said 
sidewalks, the names of the parties who paid the last general taxes on 
the respective lots or parcels, and the frontage, superficial area or 
assessed value as aforesaid according as such ordinance may provide 
for the levy of said costs by the frontage, superficial area or assessed 
value; and thereupon if the owner of any lot, block, tract or parcel of 
land has failed, neglected or refused to construct said sidewalk in ac- 
cordance with the provisions of said ordinance, said ofiicer or board 
shall proceed to prepare a special tax list against said lots, blocks, 
tracts or parcels of land in front of or touching upon which said side- 
walk has not been constructed, ascertaining, by computation the 
amount of special taxes to be charged against each of said lots, 
blocks, tracts or parcels of land on account of the construction of said 
sidewalks, according to the rule fixed for the levy of such special tax 
by said ordinance, which special tax list shall be filed in the office of 
said officer or board, and said officer or board shall thereupon issue 
warrants directed to the city, village or town collector, or to such 
officer as may be designated in such ordinance, for the collection of 
,the amount of si3ecial tax so ascertained and appearing from said 
special tax list to be due from the respective lots, blocks, tracts or 
parcels of land touching upon the line of said sidewalk: and such 
officer shall ijroceed to collect such warrants by giving notice in writ- 
ing by mailing same to the address of the party who paid the last 
general taxes on the respective lots, blocks, tracts or parcels of land 
in said list, that said tax list is in the hands of said officer for collec- 
tion, and all moneys so collected by said officer shall by him be imme- 
diately paid over to the treasurer of said city, town or village. 

§ 4. Upon failure to collect such special tax as heretofore provided 
in this act, it shall be the duty of said officer, on or before the first 
day of April in each year, to make *[wTiting by mailing same to the 
address of the party who paid the last general taxes on the respective 
lots, blocks, tracts or parcels of land in said list, that said tax list is 
in the hands of said officer for collection, and all moneys so collected 
by said officer shall by him be immediately paid over to the treasurer 
of said city, town or village. 

Section 4. Special Tax ; Duty of Officer of Board — Report. Upon 
failure to collect such special tax as heretofore provided in this act, it 
shall be the duty of said officer, on or before the first day of April in 

*The lines following the asterisk and included in brackets constitute a manuscript pagre of 
the enrolled law as filed in this office. This bracketed matter apparently forms no part of the 
law as passed by the General Assembly, but seems to be a stray leaf of the engrossed bill inad- 
vertently bound in with the enrolled law. 

James A. Rose, 

Secretary of State. 



92 CITIES, TOWNS AND VILLAGES. 



each year, to make] report of all such special tax. in writing, to such 
general officer of the county as may be authorized by law to apply for 
judgment against, and sell lands for taxes due county or State, of all 
the lots or parcels of land upon which such special tax shall be so 
unpaid, with the names of the respective owners thereof, so far as the 
same are known to said officer, and the amount due and unpaid upon 
each tract, together with a copy of the ordinance ordering the con- 
struction of said sidewalk, which report shall be accompanied by the 
oath of the officer that the list is a correct return of the lots and par- 
cels of land on which the special tax levied by authority of said city, 
town or village, for the cost or partial cost ( as the case may be ) of the 
sidewalk in said ordinance specitied, remains due and unpaid, and 
that the amounts therein stated as due and unpaid have not been 
collected, nor any part thereof. Said reports, when so made, 
shall he prima facie evidence that all the forms and requirements of 
the law in relation to making such return have been complied with, 
and that the special tax, as mentioned in said report, is due and un- 
paid. 

§ 5. When said general officer shall receive the aforesaid report, 
he shall at once proceed to obtain judgment against said lots or par- 
cels of land for said special tax remaining due and unpaid, in the 
same manner as may be provided by law for obtaining judgment 
against lands for taxes due and unpaid to the county and State, and 
shall in the same manner proceed to sell the same for the said special 
tax due and unpaid. In obtaining said judgment, and making said 
sale, the said officer shall be governed by the general revenue laws of 
the State, except when otherwise provided herein, and said general 
laws shall also be apiDlicable to the execution of certificates of sale, 
and deeds therein, and the force and effect of such sales and deeds; 
and all other laws in relation to the enforcement and collection of tax, 
and redemi)tioii from tax sales, shall be applicable to proceedings to 
collect such special tax, except as herein otherwise provided. 

§ 6. Whenever payment of the costs of any such sidewalk is re- 
quired to be made in part by special tax, and in part out of any gen- 
eral fund of such city, town or village, and the owner of any such lot 
or parcel of land shall construct such sidewalk in accordance with the 
ordinance providing for its construction, the officer or board directed 
by such ordinance to superintend the construction thereof shall there- 
upon allow and cause to be issued to such owner, an order on the 
treasurer of such city, town or village for the cost of the construction 
of such sidewalk, less the amount of special tax chargeable to the lot 
or parcel of land of such owner on the line of which such [side- 
walk] sidewalks has been so constructed. 

§ 2. Whereas. A great number of improvements are being delayed 
on account of the hardships inflicted upon property owners under the 
present statutes, therefor[e], an emergency exists, and this act shall 
take effect from and after its passage. 



CITIES. TOWNS AND VILLAGES. 93 



§ 7. All contracts for the construction of sidewalks as hereinbefore 
provided, when the expense thereof shall exceed tive hundred (500) 
dollars, shall be let to the lowest responsible bidder in the following 
manner: Notice shall be given by said officer or board designated in 
said ordinance, to take charge of the construction and supervision of 
said sidewalk, by advertisement in some newspaper of general circula- 
tion in said city, village or town, that bids will be received for the con- 
struction of such sidewalk in accordance with the ordinance therefor. 
Such notice shall state the time of oi^ening said bids, not more than 
ten (10) nor less than five (5) days thereafter. If no newspaper be 
published in said city, village or town, then four such notices shall be 
posted in the vicinity of the jaroposed sidewalk. All proposals or bids 
offered shall be accompanied by cash or a check payable to the order 
of the officer or board having charge of the improvement, and certi- 
fied by a res^jonsible bank, for an amount which shall not be less than 
ten (10) per centum of the aggregate of the proposal. All contracts 
shall be approved by the officer or the president or presiding officer 
of the board having the suj^ervision of the construction of said side- 
walk. 

§ 8. If any special tax for the construction of a sidewalk shall be 
annulled by the city council or board of trustees, or set aside by any 
court, after this act shall take effect, a new ordinance may be passed 
and a new tax may be made and returned, and the proceedings there- 
for shall be the same as in the first instance, and all parties in inter- 
est shall have like rights and like power in relation to any subsecpient 
tax as are hereby given in relation to the first tax. No special tax 
shall be held void because levied for work already done under a prior 
ordinance, if it shall appear that such work was done after this act 
takes effect, in good faith by the city, village or town, or under con- 
tract duly let and executed pursuant to an ordinance providing that 
such sidewalk should be paid for by special tax. 



This bill having: remained with the Governor for a period of ten days (Sundays excepted) 
after the adjournment of the General Assembly, and he not having filed it with his objections 
thereto in the office of the Secretary of State, it becomes a law in like manner as if he had 
signed it. 

Witness my hand this 18th day of May, A. D., 190.5. James A. Rose, 

Secreian' of State. 



94 CITIES, TOWNS AND VILLAGES. 



CONSTRUCTION OF WATER W^ORKS. 



§ 6. Bonds— maturity — installment- 
interest. 

§ 7. Bonds— form prescribed. 

§ 2. Title of act amended. 

Approved Maj' 18, 1905. 



§ 1. Amends several sections, act of 1899. 

§ 1. Tax levy for bridges of water 
works. 

§ 2. Ordinance for contract. 

§ .3. Submission to vote— form of bal- 
lot. 

§ 4. Powers of city council and town 
boards. 

An Act to amend the title and sections cue {!) , two {2), thi'ee {3) , four 
{If.), six (6) and seven (7) of an act entitled, "An act to enable cities 
and villages to buy or construct waterworks, and to provide for the 
managemeiit thereof, and giving them authority to levy an annual tax, 
and to pledge the same in payment therefor," approved April 19, 1899, 
in force July 1, 1899. 

Section 1. Be it enadecl hy the People of the State of Illinois, 
represented in the General Assembly : That the title and sections 
one (1), two (2), three (3), four (4), six (6) and seven (7) of an act 
entitled, ''An act to enable cities and villages to buy or construct 
water works, and to provide for the management thereof, and giving 
them authority to levy an annual tax, and to pledge the same in pay- 
ment therefor," approved April 19, 1899, in force July 1, 1899, be 
amended to read as follows: 

Section 1. That cities and villages shall have the power to levy, 
in addition to the taxes now authorized by law, a direct annual tax of 
not more than one cent on the dollar upon all the property within the 
corxDorate limits of the city or village, said tax to be payable yearly 
for a period of not more than thirty years; the proceeds of said tax to 
be used solely for the purchase, construction or enlarging of water 
works. 

§ 2. Whenever any city or village desires to avail itself of the 
provisions of this act, the city council or the board of trustees, as the 
case may be, may by ordinance or resolution contract for the purchase, 
erection or enlarging of water works for a provisionally certain fixed 
sum, or may so contract for purchase, extension or enlarging if the 
plant proposed to be purchased shall be inadequate, and such contract 
for erection, purchase or enlarging, together with a report from the 
city or village engineer recommending the same, shall be published 
at least once a week for three consecutive weeks in a daily or weekly 
newspaper published in said city or village, and shall at the same 
time provide by resolution or ordinance for the levying of a direct 
annual tax as authorized in section 1 of this act, the total of which 
said tax for the term levied, together with the annual revenue which 
is estimated to be derived from the works, shall be sufficient to pay 
the contract price for the works, together with interest on same, but 
such contract for purchase, erection or enlarging, and such tax, shall 
not be valid or binding until confirmed by vote, as follows: 



CITIES, TOWNS AND VILLAGES. 95 



§ 3. Such contract and tax, after action by the council or trustees 
aforesaid, shall, before they shall be valid and binding, be submitted 
for ratification to the voters of the city or village at a regular or spe- 
cial election by giving notice of same, which notice shall specify the 
character of the said works proposed to be erected, purchased or en- 
larged and the amount of tax to be levied, and said notice shall be 
posted in ten public places within such city or village at least three 
weeks prior to said election, and also by publication three times in a 
daily or weekly newspaper published in said city or village, and for 
three weeks preceding such election there shall be on file in some 
public place, convenient of access, a full description of works, copy 
•of contract and report of engineer, for the insi^ection of the voters, and 
notice of where said plans and specifications are on file shall be in- 
cluded in the notice of election. If three-fourths of all the voters 
voting on said proposition shall vote in favor of said contract, and 
tax, the same shall be binding and the tax duly levied. The ballots 
at such election shall read: 



"Proposition to construct, purchase or enlarge (or 

all ) water vvorks and levy a tax of annually 

for years." 



Yes. 



No. 



§ 4. The city council in cities and the board of trustees in villages 
shall have the power to carry into execution the contract for the erec- 
tion, purchase or enlarging of water works when ratified by the voters, 
as directed in section 3, and employ a superintendent and such other 
•employes as may be necessary and proper for the operation of such 
works, for the collection of water rentals and for the conduct of the 
b)usiness necessary to the operation thereof. 

§ 6. The said bonds shall be made to mature in as nearly as possible 
equal installments of one hundred dollars, or multiples thereof, the 
first installment to be payable one or two years from date, the last 
installment within one year after date of the last tax levy 
provided in the vote authorizing said levy. The bonds shall bear 
interest at a rate not to exceed six per cent, payable annually or semi- 
annually, shall be sold for not less than par, or may be paid out at not 
less than par for the construction, purchase or enlarging of said 
works. 

§ 7. Said bonds shall be substantially in the following form: 

The city or village of county of State of Illinois, 

for value received hereby promises to pay the bearer hundred 

dollars lawful money of the United States of America, on the 

day of A. D , together wnth interest thereon at the rate of 

. . . .per centum per annum, payable annually on the. . . .day of 

A. D . . . . Both principal and interest payable at the 

This bond is one of a series of bonds amounting to dollars, 

issued by ordinance of the city ( or village ) of and is 



96 CITIES, TOWNS AND VILLAGES. 



payable solely out of funds derived from special tax levy and net rev- 
enue of the water works of the city ( or village ) of ; the 

erection, piirchase or enlarging of said works and levy of said tax 
having been authorized at an election legally called and held on the 

day of , A. D . . . . , and out of no other funds. And it is 

hereby recited that all acts, conditions and things precedent to and 
in the issuance of this bond have been properly done, happened and 
performed in regular and due form as required by law. 

In testimony whereof the city council (or board of trustees) has 
caused this bond to be signed by the mayor (or jjresident ) and coun- 
tersigned by the clerk, and caused the seal of the city (or village) to 
be affixed this day of A. D . . . . 

Mayor. 

Clerk. 

Coupons representing the interest shall be attached thereto, which 
may be signed or bear the lithographed signature of the clerk of said, 
city or village. 

§ 2. The title of the act shall be amended to read as follows: An. 
act to enable cities and villages to buy, construct or enlarge water 
works, and to provide for the management thereof, and giving them 
authority to levy an annual tax and to pledge the same in payment 
therefor. 

Approved May 18, 1905. 



EMPLOYES' PENSION FUND. 



§1 



Authorizes creation of pension fund- 
how created. 

Term ''employe" defined. 

Treasurer custodian of fund. 

Trustees of fund— election — powers and 
duties. 

Mayor and comptroller, ex officio trustee. 

Forfeiture of trusteeship. 

Duties of trustee enumerated. 

Who mav become beneficiaries. 



§ 9. Death of contributor- payment t o 
widow or minor children. 

1 10. Retirement for disability. 

§11. Dismissals and resignations. 

§ 12. Monthly reports to treasurer. 

§ 13. Pension fund exempt from attachment.. 

%U. Repeal. 

Approved May 16, 1905. 



An Act to provide for the formation and disbursement of a municipal 
employes' pension fund in cities having a population exceeding one 
hundred thousand inhabitants. 

Section 1. Beit enacted by the People of the State of Illinois, 
represeniecl 171 the General Assembly: That the board of aldermen 
in cities having a population exceeding one hundred thousand inhab- 
itants shall have power and it shall be its duty to create a municipal 
employes'" pension fund, which shall consist of amoimts retained from 
the salaries or wages of employes, as hereinafter provided, which 
amounts shall be deducted in equal weekly, bi-weekly or monthly in- 



CITIES, TOWNS AND VILLAGES. 97 



stallments from such salaries or wages at the regular time or times of 
the payment thereof and all moneys derived from any and all other 
sources whatever. 

§ 2. The term "employe" under this act shall include all employes 
in the water works and water departments of such city receiving $65 
per month or over. The comptroller shall deduct the amount specified 
by the board of trustees hereinafter provided for from the salaries or 
wages paid by the said city of each and every employe coming under 
the provisions of this act: A7id, provided, furi]i('r.i\\ni no deduction 
shall be made from the salary or wages of any employe receiving less 
than $65 per month, nor shall any one who receives a salary or wages 
of less than $65 per month participate in said fund. 

§ 8. The city treasurer, subject to the control and direction of the 
said board of trustees, shall be the custodian of said pension fund 
and shall secure and safely keep the same and shall keep books and 
accomits concerning said fund in such manner as may be prescribed 
by the said board of trustees, which said books and accounts shall always 
be subject to the inspection of said board of trustees or any member 
thereof. The city treasurer shall, within ten days after his installa- 
tion into office, execute a bond to the said city with good and suffic- 
cient sureties in such penal sum as the said board of trustees shall 
direct, which said bond shall be approved by the said board of trus- 
tees, and shall be conditioned for the faithful performance of the 
duties of said office and that he will safely keep and well and truly 
account for all moneys and property belonging to said i3ension fund 
and all interest thereon, which may come into his hands as such 
treasurer, and that upon the expiration of his term of office or upon 
his retirement therefrom for any cause, he will surrender and deliver 
over to his successor all unexpended moneys, with such interest as 
he may have received thereon, and all jjroperty which may have come 
into his hands as treasurer of said pension fund. Such bond shall be 
filed in the office of the clerk of said city and in case of a breach 
of the same or the conditions thereof, suit may be brought on the 
same in the name of the said city, for the use of said board of trus- 
tees, or any person or persons injured by such breach. 

§ 4. The board of aldermen shall, in the month of September fol- 
lowing the passage of this act, arrange for the election of a board of 
trustees of said pension fund, composed of six members to be chosen 
as hereinafter provided, which electi'^n shall be held not later than 
October 30th of the same year. Said board of trustees shall have power, 
and it shall be its duty, to administer said fund and to carry out the 
provisions of this act, and for the purpose of enabling such board of 
trustees to perform the duties imposed and exercise the powers 
granted by this act the board of trustees shall be, and is hereby de- 
declared to be, a body politic and corporate. 

§ 5. The said board of trustees shall consist of the mayor and 
comptroller of the said city and four (4) employes contributing to 
said pension fmid. The mayor and comptroller of the said city shall 

—7 L 



98 CITIES, TOWNS AND VILLAGES. 



be ex-officio members of said board of trustees, and the other members 
shall be elected by ballot by the employes contributing to said fund 
at the time, and for the terms respectively as follows, to- wit: At the 
first election the contributors to said fund shall elect two of their 
number to serve for the term of one year, and two to serv^e for the term 
of two years, and annually thereafter said contributors shall elect two 
of their number to hold office for the term of two years. 

§ 6. Whenever any elective member of the board of trustees shall 
cease to be in the emjDloy of said city, his or her membership in said 
board of trustees shall cease. 

§ 7. Said board of trustees shall have power and it shall be its 
duty 

(1.) To determine the amount which shall be deducted from the 
salaries or wages paid to employes for the benefit of said pension 
fund: Provided, the amount of such deduction shall not be less than 
one per cent nor more than two per cent of the entire amount received 
per year by each such emjjloye. 

(2.) To make all payments from such i^ension fund, pursuant to 
the provisions of this act. 

(3.) To audit the accounts of said treasurer at least four times 
each year. 

(4.) To direct the payment of all necessary expenses in connection 
with the administration of said fund and carry out the provisions of 
this act for which provision is not otherwise made. 

(5.) To determine the amount to be paid as benefits or annuities 
under this act: Provided, that no benefit or annuity shall exceed 
fifty (50) per cent of the salary or wages received by said beneficiary 
at the time of his or her retirement. 

(6.) To take by gift, grant or bequest, or otherwise, any money or 
property of any kind, and hold the same for the benefit of said fund. 

(7.) To fill any vacancy or vacancies in said board of trustees until 
the next annual election, as hereinbefore provided. 

(8.) To keep full and complete record of their meetings and of the 
receipts and disbursements on account of such fund, and also com- 
plete lists of all contributors to said fund and of all annuitants receiv- 
ing benefits therefrom, and such other records as in their judgment 
shall seem necessary, and shall make and publish annually a full and 
complete statement of their financial transactions. 

(9.) To make and establish all such rules for the transaction of 
their business, and such other rules, regulations and laws as may be 
necessary for the proper administration of said fund committed to 
their charge and the performance of the duties imposed upon them. 

(10.) To hear and determine all applications for benefits under 
this act, and to suspend any annuity whenever, in their judgment, the 
disability of such beneficiary has ceased, or for other good cause. 



CITIES, TOWNS AND VILLAGES. 99 



§ 8. Any contributor to said fund who shall have attained the age 
of fifty (50) years and shall have been in the service of the water 
works or water departments of said city for a period of twenty (20) 
years, and shall have contributed to the said fund for the jjeriod of 
ten (10) years, shall have the right to retire and become a beneficiary 
under this act, and to receive such benefit or annuity from said fund 
projiortionate to the amount of the contributions of such employe, and 
in case of death, the widow or minor children of the deceased pen- 
sioner shall receive one-half (|) of the amount in monthly payments 
of the pension allowed to their husband or father during life, which 
said amount shall be paid said widow as long as she remains unmar- 
ried, and in case there is no widow, to said minor children until they 
reach the age of 18 years. The said beneficiary shall, at all times 
during his or her retirement, receive monthly fifty (50) per cent of 
the monthly salary or wages received by him or her from said muni- 
cii^ality at the time of his or her retirement. 

§ 9. Upon the death of any contributor who is not, nor has been, 
a beneficiary under this act for more than three years, the said board 
of trustees shall pay an amount not exceeding $300 to the widow, if 
any, of such deceased contributor, and if there be no widow, said 
board of trustees may expend said amount for the benefit of the nanor 
children, if any, of such deceased contributor. If there be no one to 
look after the body of such deceased contributor, in the event of the 
death of said contributor, said board of trustees may expend said 
amount of $800 for his or her burial expenses, as they may determine. 

§ 10. Any person who has contributed to said fund for a period of 
five (5) years or more may retire from the service of said city on ac- 
count of serious disability, rendering him or her unable to properly 
discharge his or her duties, and may become an annuitant under this 
act, and shall thereupon be entitled to receive benefits for a period of 
two (2) years, which may be extended upon proof of continued 
disability. 

§ 11. Any employe who has been contributing to said fund for five 
(5) years or more, and w^ho shall be dismissed or resign from the ser- 
vice of said municipality, may upon application made within three (3) 
months after the date of such dismissal or resignation, recrive one- 
half of the total amount paid into said fund by such person so dis- 
missed or resigned: P)-ovi(l('(L that in case said person so dismissed 
or resigned shall have been in the service of the water works and 
water dej)artments of said municipality for a x^t^riod of twelve (12) 
years, he may continue the payment of his premiums, until eligible to 
a benefit under this act. 

§ 12. The mayor and comptroller of said city shall certify monthly 
to the treasurer all amounts deducted in accordance with the provi- 
sions of this act from the salaries ijaid by the said city, which amounts, 
as well as all other sums contributed to said fund under the provi- 
sions of this act, shall be set apart and held by said treasurer for the 
purpose hereinbefore specified, subject to the order of said board of 
trustees, and shall be paid out upon warrants signed by the president 
and secretary of said board of trustees. 



100 CITIES, TOWNS AND VILLAGES. 



§ 13. No portion of said pension fund shall, either before or after 
its order of distribution by said board to such disabled members of 
said water department, or the widow or guardian of such minor child, 
or children, or a deceased or retired member of such department, be 
held, seized, taken, subjected to or detained or levied on by virtue of 
any attachment, execution, injunction, writ, interlocutory or other 
order or decree, or any process or proceeding whatever issued out of 
or by any court of this State for the payment or satisfaction, in whole 
or in part, of any debt, damage, claim, demand or judgment against 
such member, or his said widow, or the guardian of said minor child 
or children of any deceased member; but the said fund shall be sac- 
redly held, kept, secured and distributed for the purpose of ijensioning- 
the persons named in this act, and for no other j^urpose whatever. 

§ 11. All laws and parts of laws which are inconsistent with this- 
act, or any provisions thereof, are hereby repealed. 

Appeoved May 16, 1905. 



FIREMEN-S PENSION FUND. 



§ I. Amends section 1. act of 1895. Approved May 12, 1905. 

§1. Foreign lire companies to pay 
annual license fee— fee to be 
fixed by ordinance— July re- 
ports. 

An Act to amend section one of an act entitled, "An act to enable cities^, 
towns and villages organized under any general or special law to levy 
and collect a tax or license fee from foreign fire insurance companies^ 
for the benefit of organized fire departments/' in force July 1, 1895,. 
as amended April 24, 1901. 

Section 1. Be it enacted by the People of the State of Illinois,. 
7-epresentecl in the General Assembly : That section one (1) of an 
act entitled, ''An act to enable cities, towns and villages organized 
under any general or special law to levy and collect a tax or license 
fee from foreign insurance companies for the benefit of organized fire 
departments,"' in force July 1, 1895, as amended April 24, 1901, be,, 
and the same is hereby amended to read as follows : 

Section 1. All corporations, companies and associations not in- 
corporated under the law^s of this State, and which are engaged in 
any city, town or village organized under any general or special law 
of this State in effecting fire insurance, shall pay to the treasurer of 
the city, town or village for maintenance, use and benefit of the 
fire department thereof, a sum not exceeding two (2) per cent of 
the gross receipts received by their agency in such city, town or 
village, fifty (50) per cent of the amount so collected to be set 
apart and appropriated to the fund for the pensioning of disabled 
and superannuated members of the fire department, and of the 
widows and orphans of deceased members of the fire department of 
cities, villages or incorporated towns whose population exceeds fifty 
thousand (50,000) and having a paid fire department. Cities, towns. 



CITIES, TOWNS AND VILLAGES. 101 



and villages are hereby empowered to prescribe by ordinances the 
.amount of tax or license fee to be fixed, not in excess of the above 
rate, and at that rate such corporations, companies and associations 
shall pay upon the amount of all i3remiums, which during the year 
ending on every first day of July shall have been received for any 
insurance effected or agreed to be effected in the city, town or village, 
by or with such corporation, companies or association respectively. 
Every person who shall act in any city, town or village as agent or 
otherwise, for or on behalf of such corjDoration, company or associa- 
tion shall, on or before the 15th day of July of each and every year, 
render to the city, town or village clerk a full, true and just account, 
verified by his oath, of all the premiums which, during the year end- 
ing on every first day of July preceding such report, shall have been 
received by him, or any other person for him in behalf of any such 
corporation, company or association, and shall specify in said report 
the amounts received for fire insurance. Such agent shall also pay 
to the treasurer of any such city, town or village, at the time of ren- 
dering the aforesaid report, the amount of rates fixed by the ordin- 
ance of the said cities, towns or villages, for which the companies, 
corporations or fissociations represented by them are severally 
chargeable by virtue of this act, and the ordinance passed in pursu- 
•ance thereof. If such account be not rendered on or before the day 
herein designated for that purpose, or if the said rates shall remain 
unpaid after that day, it shall be unlawful for any corporation, com- 
pany or association so in default to transact any business or insurance 
ill any such city, town or village until the said requisition shall have 
b)een fully complied ' with ; but this provision shall not relieve any 
•company, corjooration or association from the payment of any risk 
that may be taken in violation hereof. 
Approved May 12, 1905. 



LOCAL IMPROVEMENTS-ORDIXANCES. 

|.§ 1. Amends section 4, act of 1897. 1 Filed May 18, 1905. 

§ 4. What ordinance shall specify. | 

An Act to amend section 1+ of an act entitled, "An act concerning local 
improvements" approved June iJf, 1897, and as amended by an act of 
the General Assembly of the State of Illinois approved April 19, 1899, 
'and in force July 1, 1899. 

Section 1. Be it enacted hij the People of the State of Illinois 
repi'esented in the General Assemhhj: That section 4 of "'An act 
concerning local improvenents," approved June 14. 1897, in force July 
1, 1897. and as amended by "An act to amend section 4 of an act en- 
titled, 'An act concerning local improvements,' ajaproved June 14, 
1897. in force July 1. 1897." approved April 19, 1899, and in force July 
1. 1899, be -and the same is herbv amended so as to read as follows: 



102 CITIES, TOWNS AND VILLAGES. 



§ 4. When any such city, town or village shall by ordinance pro- 
vide for the making of any local improvement, it shall by the same 
ordinance prescribe whether the same shall be made by special assess- 
ment or by special taxation of contiguous property or general tax- 
ation, or both. 

This bill having remained with the Governor for the period often days(Sundays excepted) 
after the adjournment of the (jeneral Assembly, and he not having nled it with his objections 
thereto in the office of the Secretary of State, it becomes a law in like manner as if he had 
signed it. 

Witness my hand this 18th day of May, A. D. 1905. , 

James A. Rose, 

Secretary of State. 



LOCAL IMPROVEMENTS-PETITION FOR ASSESSMENT. 



§ 1. Amends section 37. act of 1897. 

§ 37. Petition for assessment— jurisdic- 
tion of courts. 



§ 2. Emergency. 
Approved April 13, 1905. 



Ax Act to amend section 37 of an act entitled, "An act concerning local 
improvements/' approved June 14, 1897, in force July 1, 1897. 

Section 1. Be it enacted hy the People of the State of Illinois 
represented in the General Assembly : That section 37 of an act en- 
titled, "An act concerning local improvements,'' approved June 14, 
1897, in force July 1, 1897, be and the same is hereby amended so as 
to read as follows: 

§ 37. Upon the passage of any ordinance for a local improvement 
pursuant thereto, it shall be the duty of the officer specified therein 
to file a petition in some court of record in said county, in the name 
of such municipality, i^raying that steps be taken to levy a special as- 
sessment for the said improvement in accordance with the provision 
of the said ordinance. The several circuit, county and city courts of 
this State and the Superior Court of Cook county shall have jur- 
isdiction of any proceedings under this act. There shall be attached 
to or filed with such petition, a copy of the said ordinance, certified 
by the clerk under the corporate seal. Also a copy of the recommen- 
dation of the board of local improvements and of the estimate cost as 
approved by the legislative body. The failure to file any or either of 
said copies shall not effect the jurisdiction of the court to proceed in 
said cause and to act upon said petition, but if it shall appear in any 
such cause that such copies have not been attached to or filed with 
said petition before the filing of the assessment roll therein, then, 
upon motion of any objector for that purpose on or before appear- 
ance day in said cause the entire petition and proceedings shall be 
dismissed, provided that city courts shall have jurisdiction only with- 
in their respective territorial jurisdiction. All proceedings had and 
all decrees, judgments and orders heretofore entered in any city court 
in this State, concerning special assessments or special taxes concern- 
ing local improvements within the territorial jurisdiction of said city 
court shall be held good and valid as if done and performed under 
this act. 



CITIES, TOWNS AND VILLAGES. 103 



§ 2. Wheeeas, An emergency exists, therefore this act shall take 
effect and be in force from and after its passage and its approval by 
by the Governor. 

Approved April 13, 1905. 

LOCAL IMPROVEMENTS-SUPPLEMENTAL ASSESSMENTS. 
§ 1. Amends section 59, act of 1897. Approved May 18, 1905. 

§ 59. Supplemental assessments pro- i 
vided for— refunding surplus. | 

An Act to amend section 59 of an act entitled, "An act concerning local 
improvements" approved June lU, 1897, in force July 1, 1897, as 
amended by an act passed May 9, 1901. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That section 59 of an act 
entitled "An act concerning local improvements," approved June 14, 
1897, in force July 1, 1897, as amended by an act passed May 9, 1901, 
be amended to read as follows: 

§ 59. At any time after bids have been received pursuant to 
the provisions of this act, if it shall appear to the satisfaction 
of the Board of Local Improvements that the first assessment 
is insufficient to pay the contract price or the bonds or vouch- 
ers issued or to be issued in payment of such contract j^rice, together 
with the amount required to pay the accruing interest thereon, said 
board shall make and file an estimate of the amount of such defici- 
ency, and thereupon a second or supplemental assessment for such 
estimated deficiency of the cost of the work and interest may be 
made in the same manner as nearly as may be as in the first assess- 
ment, and so on until sufficient money shall have been realized to 
pay for such improvement and such interest. It shall be no objec- 
tion to such assessment that the prior assessment has been levied, 
adjudicated and collected unless it shall appear that in such prior 
cause upon proper issue made, it was specially found in terms, that 
the property objected for would be benefitted by said improvement 
no more than the amount assessed against it in such jorior proceed- 
ings. If too large a sum shall at any time be raised, the excess shall 
be refunded ratably to those against whom the assessment was made: 
Provided, however, the petitioner, in case it so elects, may dismiss 
the petition and vacate the judgment of confirmation either at or 
after the term at which the judgment of confirmation is rendered,, 
and begin new proceedings for the same or a different improvement 
as provided in section 56 of this act as amended: Provided, further.^. 
that if said estimated deficiency shall exceed ten per centum of the 
original estimate, then a public hearing shall be had on said supple- 
mental proceeding in like manner as in the original proceedings: 
And, jivovided, further, that no more than one ( 1 ) supplemental 
assessment shall be levied to meet any deficiency where said defici- 
ency is caused by the original estimate made by the engineer, being; 
insufficient. 

Approved May 18, 1905. 



104 CITIES, TOWNS AND VILLAGES. 



MAINTENANCE OF PUMPING WORKS, ETC. 

§ 1. Amends section 2 and 3, act of 1885. 

§2. Municipal authorities may con- 
struct drains, ditches, etc. 

§ 3. Ordinances to conform to act con- 
cerning improvements. 



' §4. Enlargement and improvement of 
drains. 

Approved May 18, 1905. 



An Act to amend sections 2 and 3 of an act entitled, "An act to vest the 
corporate authorities of cities and villages with power to construct, 
maintain and keep in repair drains, ditches, levees, dykes, and pumping 
works for drainage purposes by special assessment upon the property 
benefited thereby," approved June 22, 1885, in force July 1, 1885, 
and to add another section to said act to be known as section Jf thereof. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That sections 2 and 3 of an 
act entitled,' "An act to vest the corporate authorities of cities and 
villages with jjower to construct, maintain and keep in repair drains, 
ditches, levees, dykes and j)umping works for drainage purposes by 
special assessment upon the property benefited thereby," approved 
June 22, 1885, in force July 1, 1885, be amended, and that an addi- 
tional section to be known as section 4 be and the same is hereby 
added, so as to read as follows: 

§ 2. That the corporate authorities of cities and villages are here- 
by vested with the power to lay out, establish, construct and main- 
tain and keep in repair such drains, ditches, levees, dykes. iDumping 
works and machinery and such drainage imiDrovements by special as- 
sessment upon the })roi)erty benefit [benefited] thereby, or by gen- 
eral taxation, or both: Provided, that no lot, block, tract or parcel 
of land shall be assessed more than once in any one year for mainten- 
ance and rei)air. 

§ 8. The corporate authorities of any city or village shall have 
power of their own motion, to pass ordinances providing for the mak- 
ing of said improvements in this act mentioned, and for the nature, 
character and locality and description thereof, and upon the passage 
of such ordinance therefor all proceedings thereafter to be had for 
the making of said improvements, and for the maintenance and re- 
pair thereof, and for the levy and collection of special assessments to 
defray the cost thereof, shall be in accordance with the provisions of 
an act entitled, "An act concerning local improvements,'" approved 
June 14, 1897, in force July 1, 1897, and the amendments thereto. 

§ 4. That whenever, in the judgment of the corporate authorities 
of said city or village, it shall be necessary or advantageous for the 
jproper construction of said improvements to enlarge, construct or im- 
23rove any natural or artificial drain without and below the corporate 
limits of said corporation to obtain a proper outlet, the said corporate 
authorities shall have the right to acquire the right of way therefor 
under the provisions of the statutes relating to the exercise of the 
right of eminent domain, and upon the establishment of the said im- 
provement by the confirmation of the assessment therefor, the said 



CITIES, TOWNS AND VILLAGES. 



105 



corporate authorities shall have the right to contract with all persons 
or corporations owning or interested in property or drains, without 
the corporate limits of said city or village, who will be benefited by 
the construction of the said improvement, for the payment to the 
said city or village of such an amount as the said improvement will 
benefit such person or corporation of the property thereof, and in 
<3ase of a failure to agree on the amount to be paid for such benefits 
the said corporate authorities of such city or village shall have the 
right to sue for and recover the same in an action of debt in any 
court of competent jurisdiction in this State, and service of process 
therein may be had as in cases in chancery. The amounts recovered 
or realized by such agreement or proceedings shall be paid over and 
become a part of the moneys raised to pay for such improvements, 
and may be rebated or refunded in accordance with the provisions of 
section 59 of said act concerning local improvements, and the amend- 
ments thereto. 

Approved May 18, 1905. 



MUNICIPAL OFFICERS OF CHICAGO. 



1. Adds article 12 to act of 1872. 




ARTICLE XII. 




PART ONE. 


§1. 


Adoption of act. 


§2 


Ordinance for submission to vote. 


§3. 


Notice of election. 


§i. 


Form of ballot. 




PART TWO. 


■§1. 


Mayor— term of office. 


■§ 2. 


Mayor— release of prisoners. 



§6. Official bonds — amount and pen - 
altj'— additional bonds. 

§ 7. Corporation counsel— duties pre- 
scribed. 

PART THREE. 

§ 1. City council— powers and duties 

§2. Members of council not to hold 
other offices. 

§ 3. Mayor's veto. 

§ i. Veto continued. 

§ .5. Space over streets and alleys con- 
trolled by council. 

§ 6. Parks and pleasure grounds. 

§ 7. Eminent Domain. 

§ 8. Abatement of nuisance. 

Approved May 18, 1905. 



.§ 3. Compensation of municipal offi- 
cers—no fees allowed— chair- 
man of finance committee— ad- 
ditional compensation. 

.§ 4. Interest on municipal funds. 

§ 5. Loaning of municipal funds— dut- 
ies of comptroller— responsi- 
bility of treasurer. 

An Act to amend an act entitled^ "An act to provide for the incorpora- 
tion of cities and villages" approved April 10, 1872, as amended hy 
subsequent acts. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly as follows: That the act 
entitled "An act to provide for the incorporation of cities and vil- 
lages,^' approved April 10, 1872, as amended by subsequent acts, be 
and the same hereby is amended by adding thereto an article, to be 
tnown as Article XII, in the words and figures following: 



106 CITIES. TOWNS AND VILLAGES. 



ARTICLE XII. 

PART ONE. 

Concerning the Adoption of This Act. 

Section 1. The city of Chicago upon the adoption of this act in 
the manner hereinafter stated, shall have, in addition to those con- 
tained in the act above referred to by its title, all the rights, powers 
and privileges and be subject to all the duties and obligations herein- 
after stated. The provisions of said act above referred to by its title 
shall continue to apply to said city and be in full force and effect, so 
far as not inconsistent with the provisions hereof, but so far as the 
same are inconsistent with the provisions hereof, the provisions of 
this act, after such adoption, shall sujjersede such provisions of said 
act above referred to by its title, and such provisions of said act shall 
no longer be applicable to the city of Chicago. 

§ 2. This act shall not be in force in the city of Chicago until the 
question of its adoption shall first have been submitted to the elec- 
tors of such city and approved by a majority of those voting thereon. 
The city council of the city of Chicago may, by ordinance, direct that 
the question of the adoption of this act by the city of Chicago be 
submitted to popular vote at any general, city or special election in 
and for the entire city, coming not sooner than thirty days from and 
after the passage of such ordinance. The city clerk of the city 
of Chicago shall promptly certify the passage of such ordi- 
nance to the proper election officials, and it shall thereupon be the 
duty of such election officials to submit the question of the adoption 
of this act by the city of Chicago to popular vote. 

§ 3. The city clerk of the city of Chicago shall also give at least 
thirty days' notice of such election, by publishing a notice thereof in 
one or more newspapers of general circulation within such city. 

§ 4. The ballots to be used at such election shall be in the follow- 
ing form: 



For the adoption of the act to amend an act entitled 
"An act to provide for the ncorpo ration of cities and 
villages." 



Yes 



No 



If a majority of the votes cast at such election shall be voted for 
the adoption of this act, it shall thereby and thereupon be adopted 
by and in force in the city of Chicago, and the city officers then in 
office, and those elected at the same election at which the question of 
the adoption of this act is submitted to the people, shall thereupon 
exercise the powers conferred upon like officers in this act, and be 
charged with like duties and responsibilities until their successors 
shall be elected and qualified. This act, however, shall not operate 
to change the term or tenure of any officers save those who may be 
elected after the adoption of this act. 



CITIES, TOWNS AND VILLAGES 107' 



PART TWO. 

Concer7iin(j ihe Municipal Officers. 

Section 1. The mayor of the city of Chicago shall hold his office- 
for four years and until his successor is elected and qualified. 

§ 2. The mayor shall have the power to release any person impris- 
oned for violation of any city ordinance; he may, if he see fit, appoint 
a pardon board of three persons, consisting of the superintendent of 
the house of correction and such inspectors thereof as he may select. 
In case such board be appointed all petitions for release from the 
house of correction shall in the first instance be addressed to said 
board and shall be by them forwarded to the mayor, with a report of 
their findings and recommendations. 

§ 3. The compensation of all officers shall be by salary, as fixed in 
the annual appropriation bill by the city council, and the compensa- 
tion of no officer shall be altered during the same fiscal year. No-^ 
officer shall be allowed any fees, perquisites or emoluments, or any 
reward or compensation aside from his salary, but all fees and earn- 
ings of his office or department shall be paid by him into the city 
treasury. The chairman of the finance committee of the city council 
shall receive in addition to his salary as an alderman, such additional 
sum. not exceeding $3.o()0 per annum, as the city council may by 
ordinance determine as and for his compensation for services ren- 
dered as chairman of said committee. 

§ 4. Neither the treasurer nor any other officer of the city of 
Chicago having public funds in his possession or custody shall be 
entitled to the interest accruing thereon or any part thereof, biit such 
interest shall inure to the benefit of such city and be paid into its 
treasury. 

§ 5. It shall be the duty of the comptroller at least once in each 
year and not later than the first day of December of each year, to- 
advertise for bids from all regularly established national and State 
banks doing business within the city, for interest upon the money of 
the city so to be deposited in such banks. Such bids shall be re- 
ported to the city council for its information and consideration not 
later than the fifteenth day of December of each year, to the end that 
an award or awards may be made upon such bids by the city council 
prior to the end of each fiscal year. Such awards shall be made to 
the highest and best responsible bidder or bidders. The city council 
shall have the power to reject all bids and to designate as many 
depositaries as it deems necessary for the protection of the city's 
interests, and award bids accordingly. No bid shall be awarded tO' 
any financial institution other than a regularly organized State or 
national bank, and no moneys shall be deposited with any bank or 
such award be effective until such depositary shall have delivered 
to the comptroller a bond to the city in such sum and with 
such sureties as the city council shall approve, conditioned in 
like manner as other official bonds given by public officials 
charged with the custody of money. The city council shall 
have power to pass all necessary ordinances to carry the- 



108 CITIES, TOWNS AND VILLAGES. 



foregoing provisions into effect and provide rules aiDplicable thereto. 
The city treasurer shall be discharged from responsibility for all 
moneys deposited by him pursuant to order or ordinance of the city 
council with any depositaries who may be so named and qualified, 
and in fixing the amount of the bond of the city treasurer due regard 
shall be had by the city council of the etfect of any such deposits 
upon the actual amount of money for which the city treasurer may 
from time to time be held responsible. When money is once depos- 
ited in such depositary or depositaries, no check or draft shall be 
drawn against such deposit unless accompanied by a warrant attached 
thereto, drawn in accordance with the provisions of article VII of the 
act above referred to by its title, a duplicate of said warrant to be re- 
tained by the treasurer. 

§ 6. The city council shall have the power to fix the the amount 
and penalty of the bonds of all city officers and of all municipal em- 
X^loyes charged with the custody of money or property. It shall also 
have the power to require the giving of additional bonds, and to in- 
crease or decrease the amount and penalty of the bond of any officer, 
and to require the giving of a new bond where the security on an orig- 
inal bond has become either insufficient or in any way impaired, upon 
jDenalty of removal from office. The power vested in the city council 
by this section shall be so administered as to protect the interests of 
the city from danger or financial loss, and shall never be used as a 
means of removing any person from the civil service of the city with- 
out a hearing before the Civil Service Commission, in accordance 
wath law. In any such case the city employe or official whose office 
is sought to be declared by reason of a failure to give a new. addi- 
tional, or increased bond, shall have the right to have a hearing before 
the Civil Service Commission upon the question so involved. 

§ 7. The head of the law department of the city shall be the cor- 
poration counsel, and the duties heretofore performed by the city at- 
torney shall be performed by the corporation counsel and his assist- 
ants. From and after the adoption of this act the office of city attor- 
ney shall be abolished. 

PART THREE. 

Concerning the City Councit. 

Section 1. The city council shall continue to have all the powers, 
obligations and duties vested in and imposed upon such body by the 
act above referred to by its title, except so far as altered or modified 
by the adoption of the provisions of this act. 

§ 2. No member of the city council shall at the same time hold 
any other civil service office under the Federal. State or city govern- 
ment, except in the National Guard; or as a mastery in chancery or 
notary public, and except such honorary offices as go by appointment 
without compensation. 

§ 3. If any ordinance of the city council be returned by the mayor 
to the council withoat his approval, the mayor may submit with the 
message stating his objections thereto, a substitute ordinance, and 



CITIES, TOWNS AND VILLAGES. 109' 



after the vote by which the original ordinance was passed is recon- 
sidered, then, if no motion be made to pass such original ordinance,, 
the veto of the mayor to the contrary notwithstanding, or if snch 
motion be made and fails of adoption, such substitute ordinance may 
forthwith be considered, unless two members of the council demand 
the reference of siich substitute ordinance to a committee and if such 
demand be made, such substitute ordinance shall be so referred un- 
less two-thirds of the members of such council vote in favor of im- 
mediate consideration thereof, and if such ordinance receives the- 
affirmative vote of a majority of all members of the council present 
and voting, shall take effect and be in force in lieu of such vetoed 
ordinance. 

§ 4. Upon the veto of any ordinance by the mayor, if two-thirds, 
of all the members elected to the city council fail to pass the same^ 
the veto of the mayor to the contrary notwithstanding, said ordinance 
shall not again be considered, unless or until introduced as an origi- 
nal ordinance, at a subsequent meeting But this section shall not 
be construed to prevent the introduction and consideration of a sub- 
stitute or amended ordinance. 

§ 5. The city council may also regulate the use of space over the 
streets, alleys and public places of the city, and upon payment of 
proper compensation, to be fixed by ordinance, may permit the use of 
the space more than twelve feet above the level thereof. 

§ 6. The city of Chicago may acquire, by purchase or otherwise, 
municipal parks, play grounds, public beaches and bathing places,, 
and improve, equip, maintain and regulate the same. 

§ 7. The city may exercise the right of eminent domain by con- 
demnation proceedings in conformity with the provisions of the con- 
stitution and statutes of the State of Illinois for the acquirement of 
property useful, advantageous or desirable for municipal purposes, 
and the procedure in such cases shall be, as nearly as may be, like- 
that provided for in an act entitled, "An act concerning local improve- 
ments," approved June 14, 1897, in force July 1, 1897, as now or here- 
after from time to time amended. 

§ 8. The city council shall, by ordinance, be empowered to declare 
and define nuisances and abate the same, and shall have the power tO' 
regulate the location and conduct of hospitals and infirmaries. 

Appeoved May 18, 1905. 



ilO CITIES, TOWNS AND VILLAGES. 

SALE OF GAS AND ELECTRICITY BY CHICAGO. 
§ 1. Chicago may sell surplus electricity. | § 3. Form of ballot. 

'§2. Adoption of act by city— election. | Approved May 18, 1905. 

An Act to confer upon the city of Chicago the power and authority to 
sell surplus electricity and to fix the rates and charges for the supply 
of gas and electricity for power, heating and lighting furnished hy any 
individual, company or corporation to said city of Chicago and the in- 
habitants thereof. 

Section 1. Beit (macicd hy the People of the State of Illinois, 
represented in the General Assembly: That upon the adoption of 
ihis act in the manner hereinafter provided the city of Chicago shall 
have the power and authority to sell surplus electricity for heat, light 
^nd power within the corporate limits of said citv, and is hereby em- 
powered to prescribe by ordinance maximum rates and charges for 
the supply of gas and electricity for power, heating and lighting 
furnished by any individual, company or corporation to such city and 
the inhabitants thereof. Such rates and charges to be just and 
reasonable and may be fixed for a period not exceeding five years and 
in case the corporate authorities of any such city shall fix unjust and 
unreasonable rates and charges, the same may be reviewed and de- 
termined by the circuit court of the county in which said city is situ- 
ated : Provided, that nothing in this act contained shall be con- 
strued as enlarging the powers now conferred by law upon said city 
io own, construct or acquire electric lighting plants, or as permit- 
ting said city to sell electricity so long as the same is needed for 
light heat and power for municipal purposes. 

§ 2. This act shall not be in force until the question of its adop- 
tion shall first have been submitted to the electors of such city and 
approved by a majority of those voting thereon. The city council of 
the city of Chicago may direct by ordinance that the question of the 
adoption of this act by the city of Chicago, be submitted to poj)ular 
vote at any general, city or special election in and for the entire city 
coming not sooner than thirty (30) days from and after the passage 
of such ordinance. The city clerk of said city shall certify the pas- 
sage of such ordinance to the proper election officials and it shall 
thereupon be the duty of such election officials to submit the question 
of the adoption of this act by the city of Chicago to popular vote. 
The city clerk of the city of Chicago shall also give at least thirty 
(30) days' notice of such election by publishing a notice thereof in 
•one. or more newspapers of general circulation within such city. 



CITIES, TOWNS AND VILLAGES. 



Ill 



§ 3. The ballots to be used at such election shall be in the follow- 
ing form: 



For the adoption of an act entitled "An act to con- 
fer upon the city of Chicago power and autliprity to 
sell surplus electricity and to fix the rates and 
charges for the supply of gas or electricity and to tix 
the rates and charges for the supply of gas or elec- 
tricity for power, heating and lighting furnished by 
any individual, company or corporation to said city 
of Chicago and the inhabitants thereof." 



Yes. 



No. 



If a majority of the votes cast apon said proposition at said elec- 
tion shall be voted for the adoi^tion of this act it shall thereby and 
thereupon be adopted by and be in force in the city of Chicago. 

Approved May 18, 1905. 



SUITS AT LAW FOR PERSONAL INJURIES, 



■§ 1. Damage suits to commence within one 
year. 

§ 2. Notice of suit to file within six months. 



§ 3. Dismissal of suit for want of notice. 
§4- Repeal. 
Approved May 1.3, 1905. 



An Act concerning suits at laiv for personal injuries and against cities, 

villages and towns. 

Section 1. Be it enacted hij the People of the State of Illinois, 
rejwesented in the Genercd Asseihhhj : No suit or action at law shall 
be brought or commenced in any court within this State for damages 
•against any incorporated city, village or town by any person for an 
injury to his person unless such suit or action be commenced within 
•one year from the time such injury was received or the cause of action 
accrued. 

§ 2. Any person who is about to bring any action or suit at law in 
any court against any incorporated city, village or town for damages 
on account of any personal injury shall, within six months from the 
date of injury, or when the cause of action accrued, either by him- 
self, agent or attorney, file in the office of the city attorney (if there 
is a city attorney, and also in the office of the city clerk) a statement 
in writing, signed by such person, his agent or attorney, giving the 
name of the person to whom such cause of action has accrued, the 
name and residence of person injured, the date and about the hour of 
the accident, the place or location where such accident occurred, and 
the name and address of the attending physician (if any). 

§ 3. If the notice provided for by section two of this act shall not 
be filed as provided in said section two, then any such suit brought 
against any such city shall be dismissed and the person to whom any 
such cause of action accrued for any personal injury shall be forever 
barred from further suing. 



112 CITIES, TOWNS AND VILLAGES. 



§ 4. All acts or parts of acts inconsistent with any of the pro- 
visions of this act are hereby repealed. 
Approved May 13, 1905. 



vilAge clerk-term of office. 

§ 1. Extends official term of village clerk to I § 2. Repeal. 

two years.— Vacancy. , , ,, ^„ ,„.. 

I Approved May 13, 1905. 

An Act in relation to the office of cleric in villages and incorporated 

toivns. 

Section 1 Be it enacted by the People of the St cite of Illinois 
represented in tlie General Assemhly : That at the regular annual 
election, to be held in the year A. D. 1906. for trustees in each village 
and every incorporated town, and bienniall}- thereafter, at the regular 
election of trustees, there shall be elected a clerk of such village or 
incorporated town to hold office for the term of two years and until 
his successor is elected and qualified. Whenever vacancy shall occur 
in the office of clerk elected hereunder during the first year of the 
term, such vacancy shall be filled for the remaining year of the term 
at the next annual election of trustees, and during the j)eriod from 
the time any vacancy occurs until a clerk is elected and qualified, as 
above provided, such vacancy may be filled by appointment by the 
president and board of trustees of such village or incorporated town. 

§ 2. All acts and parts of acts in conflict herewith are hereby re- 
pealed. 

Approved May 13, 1905. 



VILLAGE officers-appointive AND ELECTIVE. 

§1. Amends sections 11 and 12, article 11, §2. Emergency. 

act of 1872. . , AT ,o inn- 

Appro ed May 12, 190... 

§ 11. Appointment of certain officers- 
bonds. 

. § 12. Duties of marshal. 

An Act to amend sections eleven (11) and twelve (12) of article eleven 
(11) of an act entitled, "An act to provide for the incorporation of 
cities and villages/' approved April 10, 1S72, in force Jidy 1, 1872. 

Section 1. Be it enacted hy the People of the State of lUinois 
represented in tJie General Assembly : That sections eleven ( J 1 ) and 
twelve (12) of article (11) of an act entitled, "An act to provide for 
the incorporation of cities and villages," approved April 10, 3872, in 
force July 1, 1872, be amended so as to read as follows, to-wit: 

ARTICLE XI. 

§ 11. The president and board of trustees may appoint a clerk ^:>ro 
tempore, and whenever necessary to fill vacancies; and may also appoint 
a treasurer, one or more street commissioners, a village marshal, and 



TOWNS, CITIES AND VILLAGES — CIVIL SERVICE. 



118 



such other officers as may be necessary to carry into effect the powers 
conferred upon villages, to X3r(^scribe their duties and fees, and require 
such officers to execute bonds as may be prescribed by ordinance. 

§ 12. The village marshal shall perform such duties as shall be 
prescribed by the president and board of trustees of said village, for 
the preservation of the public peace and the observance and enforce- 
ment of the ordinances and laws. 

§ 2. Whereas, An emergency exists, this act shall be in force 
from and after its passage. 

Approved May 11, 1905. 



CIVIL SERVICE. 



CIVIL SERVICE CODE. 



§ 1. Appointment of commissioners— oath. 

§ 2. Removal of commissioners— vacancy. 

§ 3. Classification of places. 

§ 4. Commission shall make rules. 

§ 5. Publication of rules. 

§ 6. Examinations. 

§ 7. Notice of examinations. 

§ 8. Registers to be kept. 

§ 9. Promotions regulated. 

§ 10. Appointments to classified service. 

§ 11. Places excepted from classification. 

§12. Removals and reductions. ^ 

§ 13. Reports to commission by appointing 
power. 

§14. Investigations by commission. 

§ 1.5. Report to Governor. 

§ 16. Officers of commission. 

§17. State officers to aid commission. 

§ 18. Salaries and expenses. 

§ 19. Frauds prohibited. 

§20 Political contributions prohibited. 

An Act to regulate the civil service of the State of Illinois. 

Section 1. Be it enacted by the People of flie State of Illinois 
represented in tJie General Assembly : Commissioners appointed — 
Oath.] The Governor shall, by and with the advice and consent of 
the Senate, within thirty days after this act shall take effect, appoint 
three persons as Civil Service Commissioners to hold office one for 

—8 L 



§ 21. Soliciting contributions prohibited. 

§ 22. Political assessments and contributions 
prohibited. 

§ 23. Official influence prohibited. 

§ 24. Payment for places prohibited. 

§ 25. Political recommendations prohibited. 

§ 26. Political influence prohibited. 

§27. Approval of vouchers. 

§ 28. Certification to Auditor. 

§ 29. Illegal payments prohibited. 

§ 30. Payments by treasurer, etc. 

§ 31. Salaries to certified employes C)nly. 

§32. Compelling testimony. 

§ 33. Penalties. 

§ 34. Removal from office— vacancy. 

§ 3.5. Prosecutions under act. 

§ 36. When act takes effect. 

§37. Repeal. 

Approved May 11, 1905. 



114 CIVIL SERVICE. 



two years, one for four years and one for six years, from the first day 
of March, 1905, and until their respective successors are appointed 
and qualified; and they shall constitute the State Civil Service Com- 
mission. And on the first day of March, 1907, and at the end of 
every two years thereafter, the Governor shall, in like manner and by 
and with the advice and consent of the Senate, appoint one person as 
the successor of the commissioner whose term shall expire in that 
year, to serve as such commissioner for six years and until his suc- 
cessor is appointed and qualified. Two commissioners shall consti- 
tute a quorum. All appointments to said commission, both original 
and to fill vacancies, shall be so made that not more than two mem- 
bers shall, at the time of the appointment, be members of the same 
political party. Said commissioners shall hold no other lucrative 
ofiice or employment under the United States, the State of Illinois, or 
any municipal corporation or political division thereof. Each com- 
missioner, before entering upon the duties of his ofiice, shall take the 
oath prescribed by the Constitution of this State. 

§ 2. Removal of commissioners — Vacancy.] The Governor 
may remove any commissioner for want of moral character, incom- 
petency, neglect of duty or malfeasance in office. The Governor 
shall, at the same time report, in writing, any such removal to the 
Senate with his reasons therefor. If the Legislature is not then in 
session such report shall be filed in the office of the Secretary of 
State and be transmitted by him to the Senate within ten days after 
the commencement of the next session. In case of vacancy in the 
office of commissioner, the unexpired term shall be filled by appoint- 
ment by the Governor, by and with the advice and consent of the 
Senate. When the Senate is not in session the Governor may make 
appointments and fill vacancies in the commissionerships hereby 
created; but all appointments made when the Senate is not in ses- 
sion shall be subject to be confirmed ,by the Senate at its next ses- 
sion before becoming permanent. 

§ 3. Classification.] Said commissioners shall, ^within ninety 
days after their appointment, classify all the offices and places 
of employment in the several charitable institutions of the State, 
and in all institutions over which the board of the State Com- 
missioners of Public Charities, now or may hereafter exercise sujjer- 
vising or visitorial powers. The offices and places so classified by 
the commission shall constitute the classified civil service of the 
State, and no appointments to any of such offices or places shall be 
made excej)t under and according to the rules hereinafter mentioned. 

§ 4. Rules.] Said commission shall make rules to carry out the 
purposes of this act; and for examinations, aijpointments and remov- 
als, in accordance with the provisions, and the commission may from 
time to time make changes in the original rules. 

§ 5. Publication OF RULES — Time of taking effect.] All rules 
made as herein before provided, and all changes therein, shall forth- 
with be printed for distribution by the said commission; and the com- 
mission shall give notice of the place or places where said rules may 
be obtained by publication in one or more daily newspapers published 



CIVIL SEEVICE. 115 



ill each of the seven largest cities in the State according to the last 
general census published by the United States, and in each such 
publication shall be specified the date, not less than ten dciys subse- 
quent to the date of such publication, when said rules shall go into 
operation. Copies of all said rules and of all changes therein, duly 
certified by the secretary of the commission, shall be filed in the office 
of the Secretary of State, and shall also be sent to the county clerk of 
each county in the State within ten days after the adoption thereof, 
and shall, by said county clerks, be filed, preserved, indexed and re- 
corded in well-bound books kept for that purpose; which files and 
records shall be open to the inspection by the public at all reasonable 
hours. 

§ 6. Examinations.] All api)licants for offices or places in said 
classified service, except those mentioned in section 11, shall be sub- 
jected to examination, which shall be i^ublic, competitive and free to 
all citizens of the State of Illinois, with limitations specified in the 
rules of the commission as to residence, age, sex, health, habits and 
moral character. Such examinations shall be practical in their char- 
acter and shall relate to those matters which will fairly test the rela-. 
five capacity of the persons examined to discharge the duties of the 
position to which they seek to be appointed, and may include tests of 
physical qualifications and health, and when appropriate, of manual 
skill. No question in any examination shall relate to political or re- 
ligious opinions or affiliations. The commission shall control all ex- 
aminations, and may, whenever an examination is to take place, des- 
ignate a suitable number of persons, either in or not in the official 
service of the State, to be examiners, and at least one of said com- 
missioners shall attend said examinations and it shall be the duty of 
such examiners, and if in the official service, it shall be a part of their 
official duty, without extra compensation, to conduct such examina- 
tion as the commission may direct, and to make return or report 
thereof to said commission; and the commission may at any time 
substitute any other person, whether or not in such service, in the 
place of any one so selected; and the commission may themselves at 
any time act as such examiners and without appointing examiners. 
The examiners at any examination shall not all be members of the 
same political party. Such examinations shall be held in each of the 
seven largest cities in the State according to the last general census 
jjublished by the United States, and the number of examinations to 
be held in each of said seven cities shall be, as near as possible, equal 
to the number held in each one of the others; and whenever the list 
of persons examined and eligible for original appointment for any po- 
sition in the classified service shall be less than five, the commission 
shall hold an examination for such position. 

§ 7. Notice of examinations.] Notice of the time and place 
and general scope of every examination shall be given by the commis- 
sion, by jjublication, for two weeks preceding such examination, in one 
or more daily newspapers of general circulation published in each one 
of the seven largest cities in the State, according to the hist general 



116 CIVIL SEKVICE. 



census published by the United States, and snch notice shall also be 
posted by said commission in a conspicuous place in their office for 
two weeks before such examination. Such further notice of exami- 
nation shall be given as the commission shall prescribe. Written or 
printed notice of every examination shall also be sent by the com- 
missioners to the county clerks of each county in the State and by^ 
him, promptly upon its receipt, posted in a conspicuous place in the 
court house of each county. 

§ 8. Registees.J From the returns or reports of examiners, or 
from the examinations made by the commission, the commission shall 
prepare a register for each grade or class of positions in the classified 
service of the State of the persons who shall attain such minimum 
mark as may be fixed by the commission for any part of such exami- 
nation and whose general average standing upon examination for such 
grade or class is not less than the minimum fixed by the rules of said 
commission, and who are otherwise eligible: and such persons shall 
take rank upon the register as candidates in the order of their relative 
excellence as determined by examination, without reference to pri- 
ority of time of examination. 

§ 9. Peomotions.] The commission shall by its rules provide for 
promotions in such classified service on the basis of ascertained merit 
and seniority in service and examination and shall provide, in all 
cases where it is practicable, that vacancies shall be filled by promo- 
tion. All examinations for promotion shall be competitive among 
such members of the next lowest rank or grade as desire to submit 
themselves to such examination; and it shall be the duty of the com- 
mission to submit to the appointing power the names of not more 
than three applicants for each promotion having the highest rating. 
The method of examination and the rules governing the same, and 
the method of certifying, shall be the same as provided for applicants 
for original appointment. 

§ 10. Appointments to classified service.] The head of a de- 
partment, ofiice or institution in which a position classified under this 
act is to be filled shall notify said commission of that fact -and said 
commission shall certify to the appointing officer the names and ad- 
dresses of three candidates standing highest upon the register for the 
class or grade to which said position belongs, and the head of such 
department, office or institution shall select one of the three so certi- 
fied and after a candidate has been certified three times by the com- 
mission and shall not have been accepted by the head of a depart- 
ment, office or institution his name shall be stricken from the register. 
In making such certification sex shall be disregarded, except when 
some statute, the rules of said commission or the appointing power 
specified sex. Persons who were engaged in the military or naval 
service of the United States during the years 1861, 1862. 1863, 1861 
or 1865, and who were' honorably discharged therefrom, shall be pre- 
ferred for appointment to civil offices, provided they are found to 
possess the business capacity necessary for the proper discharge of 
the duties of such office, and it shall be the duty of the examiner or 



CIVIL SEKVICE. 117 



commissioner certifying the list of eligibles who have taken the ex- 
aminations provided for in this act, to place the name or names of 
.such persons at the head of the list of eligibles certified for appoint- 
ment. 

The appointing officer shall notify said commission of each jjosi- 
tion to be filled separately, and shall fill such place by apiwintment 
■of the person certified to him by said commission therefor; which 
appointment shall be on probation for a period of six months: at or 
before the expiration of the period of probation the head of the de- 
partment or office in which a candidate is employed may discharge 
him upon assigning in writing the reason therefor to said coumiis- 
sion. If he is not then discharged the appointment shall be deemed 
complete. Said commission may strike off the names of all candi- 
dates from any eligible list after they have remained thereon more 
than two years. 

§ 11. Classified service — What not included.] All members 
■of charitable boards, trustees and commissioners, superintendents of 
charitable institutions and one chief clerk or deputy and one stenog- 
rapher for each institution to which the j)rovisions of this act shall 
apply, shall not be included in the classified service. 

§ 12. Removals and eeductions.] No officer or employe in the 
■classified civil service of the State who shall have been apjjointed 
under said rules shall be removed, discharged or reduced in rank or 
pay because of his religious or political opinion or affiliation. No 
removal shall be made by any appointing power from the classified 
civil service, except for just cause and for reasons given in writing to 
the commission, and the persons sought to be removed shall have 
notice and be furnished a copy of such reasons and be allowed a rea- 
sonable time, not less than three nor more than seven days, for per- 
sonally answering the same in writing. Copy of such reason, notice 
and answer and of the order of removal shall be made a part of the 
record of the proper department or office; and the reasons for any 
change in rank or compensation within the classified service shall 
;also be made a part of the records of the proper department or office. 
It is understood that the term "just cause," as used in this section, is 
intended to mean any cause, other than one merely political or relig- 
ious, which will promote the efficiency of the service, and nothing 
contained in this section shall be construed to require the examina- 
tion of witnesses or any trial or hearing. 

§ 13. Reports to commission.] Immediate notice in writing 
shall be given by the appointing power to said commission of all ap- 
pointments, permanent or temporary, made in such classified civil 
service and of all transfers, promotions, resignations or vacanies, from 
any cause in such service and of the date thereof, and a record of the 
same shall be kept by said commission. When any office or place of 
employment is created or abolished, or the compensation attached 
thereto altered, the officer or board making such change shall immed- 
iately report it in writing to said commission. 



118 CIVIL SERVICE. 



§ 14. Investigations.] The commission shall investigate the en- 
forcement of this act and of its rules and the action of the examiners 
herein provided for and the conduct and action of the appointees in 
said classified service; and may inquire as to the nature, tenure and 
compensation of all offices and places in the public service of the 
State. In the course of such investigation each commissioner shall 
have the power to administer oaths and said commission shall have 
the power to secure by its subpoena both the attendance and testi- 
mony of witnesses and the production of books and papers relevant 
to such investigation. 

§ 15. Repoet of commission.] Said commission shall on or be- 
fore the 15th day of January of each year make to the Governor a 
report showing its own action, the rules in force, the practical effects 
thereof and any suggestions it may approve for the more effectual 
accomplishment of the purposes of this act. The Governor may re- 
quire a report from said commission at any other time. 

§ 16. President — Chief examinee — Secretary of commission.] 
Said commission shall select one of its members as president and 
shall employ a chief examiner whose duty it shall be, under the direc- 
tion of the commission, to superintend examinations, and who shall 
perform such other duties as the commission shall prescribe. The 
chief examiner shall be ex officio secretary of said commission under 
the direction of the commission. He, as such secretary, shall keep 
the minutes of its proceedings, preserve all reports made to it, keep a 
record of all examinations held under its direction, and perform such 
other duties as the commission shall prescribe. 

§ 17. Officers to aid — Rooms — Meetings.] All officers of the . 
State shall aid said conmiission in all proper ways in carrying out the 
provisions of this act. The Secretary of State shall cause suitable 
rooms to be provided for said commission at the capitol in Spring- 
field. It shall be the duty of the officers of the State, or of any civil 
division thereof, at any place where examinations are directed by the 
commission, or by its rules to be held, to allow the reasonable use of 
public buildings and rooms and to heat and light the same for hold- 
ing such examinations and use all proper w^ays to facilitate the same. 
The commission shall meet in Springfield at least once in each calen- 
dar month, except August. 

§ 18. Salaries and expenses.] Each of said commissioners shall 
receive a salary of three thousand dollars a year; the chief examiner 
shall receive a salary of two thousand five hundred dollars a year, and 
said commissioners and chief examiner shall be paid their necessary 
traveling expenses. Any person not at the time in the official service 
of the State, serving as a member of the board of examiners or of a 
trial board, shall receive compensation for every day actually and 
necessasily spent in the discharge of his duty as an examiner or a 
member of the trial board, at the rate of not exceeding five dollars 
per day and necessary traveling expenses. Said commission may also 
incur necessary expenses for clerk hire, printing, stationery and other 



CIVIL SEEVICE. 119 



incidental expenses, and the said salaries and expenses shall be allowed 
and paid in the same manner as the salary and exjDenses of the Gov- 
ernor's oflBce. 

§ 19. Frauds prohibited.] No person or officer shall wilfully or 
corruptly, by himself or in cooperation with one or more other per- 
sons, defeat, deceive or obstruct any person in respect to his or her 
right of examination hereunder; or corruptly or falsely mark, grade, 
estimate or report upon the examination or proper standing of any 
person examined hereunder, or aid in so doing; or wilfully or cor- 
ruptly make any false representation concerning the same, or concern- 
ing the person examined; or wilfully or corruptly furnish to any 
person any special or secret information for the purpose of either 
improving or injuring the prospects or chances of any person so ex- 
amined, or to be examined, being appointed, employed or promoted. 

§ 20. No OFFICER TO RECEIVE OR SOLICIT POLITICAL CONTRIBU- 
TIONS.] No officer or employe shall solicit, orally or by letter, or 
receive, or be in any manner concerned in soliciting or receiving any 
assessment, subscription or contribution from any member of the 
classified civil service for any party or political purpose whatever. 

§ ^1. No PERSON TO SOLICIT POLITICAL CONTRIBUTIONS FROM 

OFFICERS OR EMPLOYES.] No person shall solicit, orally or by letter, 
or be in any manner concerned in soliciting any assessment, contribu- 
tion or payment, for any party or any political purpose whatever, 
from any officer or employe in the classified service of the State. 

§ 22. Assessments and contributions in public offices forbid- 
den.] No person shall, in any room or building occupied for the dis- 
charge of official duties by any officer or emploj^e in the State, solicit 
orally or by written communication, delivered therein, or in any other 
manner, or receive any contribution of money or other thing of value, 
for any party or political purpose whatever, from any member of the 
classified service of the State. No officer, agent, clerk, or employe 
under the government of this State, who may have charge or control 
of any building, office or room, occupied for any purpose of said gov- 
ernment, shall permit any person to enter the same for the purpose 
of therein soliciting or delivering written solicitations for or receiving 
from, or giving notice to, any member of the classified service of the 
State, of any political assessments. 

§ 23. Abuse of official influence prohibited.] No officer or 
employe of the State shall discharge or degrade or promote, or in 
any manner change the official rank or compensation of any officer or 
employe in the classified service of the State, or promise or threaten 
to do so, for giving or witholding or neglecting to make any contribu- 
tion of money, or other valuable thing, for any party or political pur- 
pose, or for refusal or neglect to render any party or political service. 

§ 24. Payment for places prohibited.] No aiDplicant for ap- 
pointment in said classified civil service, either directly or indirectly, 
shall pay or promise to pay, any money or other valuable thing to any 
person whatever, for or on account of his appointment, or proposed 
appointment, and no officer or employe in the classified service of the 



120 CIVIL SERVICE. 



State shall pay or promise to pay, either directly or indirectly, any 
person any money or other valuable thing whatever, for or on account 
of his promotion or proposed promotion. 

§ 25. KeCOMMENDATIONS in consideration of POLITICAL SERVICE 

PROHIBITED.] No api)licants for appointment or promotion in said 
classified civil service shall ask for or receive a recommendation or 
assistance from any officer or employe in said service, or from any 
person, upon the consideration of any political service to be rendered 
to or for such person, or for the promotion of such person to any of- 
fice or appointment. 

§ 26. Abuse of political influence prohibited.] No person, 
while holding an office or position in the classified service of the 
State, or in nomination for. or while seeking a nomination for or ap- 
pointment to any such office shall corruptly use or promise to use, 
either directly or indirectly, any official authority or influence 
(whether then possessed or merely anticipated) in the way of confer- 
ring upon any person, or in order to secure or aid any person in se- 
curing any office or public employment in the classified service, or 
any nomination, confirmation, promotion or increase of salary, upon 
the consideration or condition that the vote or political influence or 
action of the last named person or any other, shall be given or used 
in behalf of any candidate, officer or party, or upon any other cor- 
rupt condition or consideration. 

§ 27. Auditing officer.] The Governor shall not approve any 
voucher for any claim of any public officer for the services of any 
person employed in the classified service of the State, in violation of 
the provisions of this act. 

§ 28. Appointments and removals to be certified to the 
state auditor.] The commission shall certify to the State Auditor, 
all appointments to offices and places in the classified civil service, 
and all vancancies occurring therein, whether by dismissal, resigna- 
tion or death ; and all findings made or approved by the commission 
that a person shall be discharged from the classified civil service un- 
der the provisions of section 12 of this act. 

§ 29. State auditor shall approve only of salaries of law- 
ful employes.] No treasurer, paying, fiscal or auditing officer of 
the State shall approve the payment of, or be in any manner con- 
cerned in paying any salary or wages to any person for services, as 
an officer or employe in the service of the State, unless such person 
is occupying an office or place of employment according to the pro- 
visions of law, and is actually performing the duties thereof, and is 
entitled to payment therefor. 

§ 30. Treasurer to pay salaries only of lawful employes.] 
No paymaster, treasurer, or other officer or agent of the State shall 
wilfully pay, or be in any manner concerned in paying any person 
any salary or wages for services as an officer or employe of the State, 
unless such person is occupying an office or place of emiDloyment ac- 
cording to the provisions of law, and is actually ijerforming the duties 
thereof, and is entitled to payment therefor. 



CIVIL SERVICE. 121 



§ HI. Salaries to be paid only after certification.] It shall 
be unlawful for the Auditor or any other fiscal officer of the State to 
draw, sign or issue or authorize the drawing, signing or issuing of any 
warrant on the Treasurer, or any disbursing officer of the State, for 
the payment of, or for the Treasurer or other disbursing officer of the 
State to pay any salary or comiDensation to any officer, clerk or other 
person in the classified service of the State, unless on an estimate, 
pay roll or account for such salary or comi3ensation, containing the 
names of the persons to be paid, and a statement of the amount to be 
paid, and the matter on account of which the same is to be paid, shall 
be filed with him, bearing the certificate of the State Civil Service 
Commission that the persons named in such estimate, pay roll or ac- 
count, have been api3ointed or employed, or promoted, in pursuance 
of law and of the rules made in purruance of this act. 

§ H2. Compelling testimony of witnesses ^ Production of 
books and papers.] Any person who shall be served with a sub- 
poena to appear and testify, or to produce books and papers, issued 
by the commission or by any commissioner, or by any board, or per- 
son acting under the orders of the commission in the course of an 
investigation, conducted under any of the i^rovisions of this act. and 
Yvho shall refuse or neglect to appear, or to testify, or to produce books 
and papers relevant to said investigation, as commanded in such sub- 
poena, shall be guilty of a misdemeanor and shall, on conviction, 
be punished as provided in section 88 of this act. The fees of wit- 
nesses for attendance and travel shall be the same as the fees of wit- 
nesses before the circuit courts of this State. Any circuit court of 
this State, or any judge thereof, either in term time or vacation, upon 
application of any such commissioner, or ofiicer, or board, may, in his 
•discretion, compel the attendance of witnesses, the production of 
books and papers, and giving of testimony before the commission, or 
before any such commissioner, investigating board or officer, by an 
■attachment for contempt or otherwise, in the same manner as i^roduc- 
tion of evidence may be compelled before said court. Every person 
who. having taken an oath or made affirmation before a commissioner 
or officer appointed b}^ the commission authorized to administer oaths, 
shall wilfully swear or affirm falsely, shall be guilty of perjury and 
upon conviction shall be punished accordingly. 

§ 83. Penalties.] Any person who shall willfully, or through cul- 
pable negligelice, violate any of the provisions of this act, or any com- 
missioner, examiner, agent or emj)loye of the commission, or any appli- 
cant, who shall wilfully, or through culpable negligence, violate any 
rule promulgated in accordance with the provisions thereof, shall be 
guilty of a misdemeanor and shall, on conviction thereof, be punished 
by a fine of not less than fifty dollars nor more than one thousand 
dollars, or by imprisonment in the county jail for a term not exceed- 
ing six months, or both such fine and imprisonment, in the discretion 
•of the court. 



122 CIVIL SEEVICE — CLEEKS OF COURTS. 



§ 84. Penalties — Removal from office.] If any person shall 
be convicted under the last preceding section, any public office or 
place of public employment which such person may hold shall, by 
force of such conviction, be rendered vacant. 

§ 35. What officers to prosecute.] Prosecutions for violation 
of this act may be instituted either by the Attorney General or by 
the State's attorney for the county in which the offense is alleged to 
have been committed, and shall be instituted by the Attorney General 
or by such State's attorney. 

§ 36. When act takes effect.] The provisions of this act, in 
so far as they relate to the civil service of the State charitable 
institutions and other offices and departments herein mentioned, 
and penalties prescribed in this act for violation of such provisions, 
shall not be in force and effect until the tirst day November, 1905. 

§ 37. Repeal. All laws or parts of laws which are inconsistent 
with this act or with any of the provisions thereof, are hereby re- 
pealed. 

Approved May 11, 1905. 



CLERKS OF COURTS. 



OFFICE HOURS OF CLERKS OF COURTS. > - 

§L Amends section 6, act of 1874. I Approved May 16, 1905. 

§ 6 Office hours fixed for clerks of i . . 

courts— proviso. 

An Act entitled. ^'An act to amend section six (6) of an act entitled 
^An act to revise the law in relcdion to clerks of courts,^ approved 
March 25, 1874, in force July 1, 1874,'' and acts amendcdory thereto 

Section 1. Beit enacted hy the People of the State of Illinois, 
represented in the General Assembly: That section six (6) of an act 
entitled, "An act to revise the law in relation to clerks of courts," ap- 
proved March 25, 1874, in force July 1, 1874, and acts amendatory 
thereto, be and the same is hereby amended to read as follows: 

§ 6. The clerks of the circuit courts, and of the superior and crimi- 
nal courts of Cook county, and the clerks of the county courts shall 
keep their offices at the court house of their respective counties, and 
shall keep their offices open and attend to the duties thereof from 
eight o'clock a. m. to five o'clock p. m., of each working day, except 
legal holidays: Provided, that in counties of two hundred thousand 
population or over the clerks of the courts herein named shall keep 
their offices open and attend to the duties thereof during such hours 
on each day, and on such days as may be ordered by the rule of the 
court in such county, which rule may be changed from time to time 
as the judge or judges of said court may see fit. 

Approved May 16, 1905. 



CORPORATIONS. 123 



COKPOKATIONS. 

GRAND ARMY OF THE REPUBLIC. 

§]. Organization of post as a society or cor- j | 4. Dissolution of posts— disposition of 
poration. i property. 

§2. Consolidation of posts— title of property. '< | 5. Act not to abrogate rules of G. A. R. 

[ 
§ 3. Cemetery lots— care and maintenance. | Approved May 18, 1905. 

An Act concerning the property of posts of the Grand Army of the Re- 
public and to provide for the care and preservation thereof. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : Whenever any post of the 
Grand Army of the Republic in this State shall organize itself into a 
society, corporation or association under the provisions of those sec- 
tions of chapter 32 of the Revised Statutes of Illinois relating to the 
formation of societies, corporations and associations not for pecuniary 
profit, the title to all the property of such post, real and personal, 
whether the same have been theretofore held in its own name or in 
the name or names of any of its officers or members or otherwise in 
trust for said post, shall immediately vest in and belong to such 
society, corporation or association by the name adopted by it upon 
such organization. 

§ 2. Whenever two or more Grand Army posts shall become con- 
solidated, in pursuance of any general law of the Grand Army of the 
Republic, the title to the property of any incorporated posts so con- 
solidating shall remain therein until the consolidated post shall be- 
come incorporated or organized under said act, whereupon the title to 
all property of the consolidated posts shall immediately vest in such 
consolidated post by such name as may be adopted by it. 

§ 3. Whenever any Grand Army post, whether incorporated or 
unincorporated, shall own a lot in any cemetery for the interment of 
the remains of its deceased members or their families and shall desire 
to provide for the proper care of said lot after said post shall, in the 
ordinary course of nature have ceased to exist, it shall be lawful for 
such post to convey such lot in trust for that purpose to the city, 
town or village in which such post is located and for such city, town 
or village to accept such conveyance upon such trust, to take effect 
upon the final dissolution of said post by the death of its members or 
otherwise. And thereupon from and after such dissolution, said city, 
town or village shall have full power in its own name and it shall be 
its duty to enforce the observance of any contract which may have 
been made by said post with any person or corporation for the care 
of said lot and of any monument or monuments theron and whenever 
necessary to do so, to appropriate and pay out of the general funds of 
said city, town or village, such sum or sums as may from time to time 
be required for the reasonable care and maintenance of such lot and 
the monuments thereon. 



124 COEPOEATIONS. 



§ 4. Whenever any Grand Army post, whether incorporated or un- 
incorporated, shall cease to exist, being seized or the owner in law or 
in equity of any cemetery lot wherein are interred the remains of de- 
ceased members of the Grand Army of the Republic, or of their fam- 
ilies, and without having made other disposition of said lot, the title 
to such lot shall immediately vest in the city or village where such 
post was located, or. if located outside of any incorporated town, city or 
village, in the county board of the county, which shall thereupon and 
thereafter have the same powers and duties in reference thereto as 
though the same had been conveyed to it by such post as i^rovided in 
section 8 of this act. All other property of such post, not theretofore 
disposed of by it. shall be delivered and belong to the Grand Army 
Hall and Memorial Association of Illinois. 

§ 5. Nothing herein contained shall conflict with or in any wise 
impair any law, rule or regulation of the National or Illinois State 
Encampments of the Grand Army of the Republic respecting the 
subject of this act. 

Appeoved Mav 18, 1905. 



FOREIGN CORPORATIONS-REVISION OF ACT. 

^ 1. Foreign corporations for profit subject § 4. Building and loan and other corpor- 
to this act. 



^ i'. Application to Secretary of State— con- 
tents of application — certificate of 
authority to do business. 

^ 3. Affidavit as fr* principal business office 
in State— reports from time to lime as 
required— provision as to real estate- 
fees equal to fees of domestic corpor- 
ations. 



ations— deposits. 
Interrogatories by Secretary of State. 
Violation of act— penalty. 
Certain laws not repealed by this act. 
Repeals act of 1897. 
Not applicable to railroad corporations. 



Approved May 18, 1905. 



An Act entitled^ "An act to regulate the admission of foreign corpora- 
tions for profit, to do business in the State of Illinois.'' 

Section 1. Be it enacted hjj the People of the State of Illinois, 
represented in tlie General Assembly : That before any foreign cor- 
23oration for profit shall be permitted or allowed to transact any busi- 
ness or exercise any of its corporate powers in the State of Illinois, 
other than insurance companies, building and loan companies and 
surety companies, they shall be required to comply with the provis- 
ions of this act and shall be subject to all of the regulations pre- 
scribed herein, as well as all other regulations, limitations and 
restrictions applying to corporations of like character organized un- 
der the laws of this State. 

§ 2. When any corporation organized under the laws of any for- 
eign state or country, for the transaction of business for profit, de- 
sires admission into the State of Illinois, for the purpose of transact- 
ing business or exercising its corporate powers or franchise, it shall 
make application to the Secretary of State, signed and sworn to by 



COEPOEATIONS. 125 



the president and secretary, stating what business snch corporation 
projjoses to pnrsne under its charter, the amount of capital stock of 
such corporation, whether it is transacting or it is intended that it 
shall transact business in any other state or country, the i^roportion of 
its business intended to be carried on in the State of Illinois. the amount 
paid in upon its capital stock, what property and assets and an esti- 
mate of the value thereof, will be employed in the business of said 
corporation in the State of Illinois, if any of its capital sub- 
scribed has not been paid in what disposition is to be made thereof, 
the names of the president, secretary and directors of said corpora- 
tion and their residences, where its principal office in Illinois will be 
located and the name and address of some attorney in fact, upon 
whom service can be had in all suits commenced in this State and, if 
required by the Secretary of State, the names and residences of all 
stockholders in said corporation as shown by its records, and such 
corporation shall file with the Secretary of State, copy of its charter 
or articles of incorporation, or in case such corporation is incorporat 
ed merely by a certificate then a copy of its certificate of incorpora- 
tion, duly certified and authenticated by the officer who issued the 
original, or by the recorder or registrar of the office in which said 
original charter, articles or certificates may have been recorded. 

The Secretary of State shall have power to prescribe the form of 
such application and may. in addition thereto, propound such inter- 
rogatory or interrogatories to the applicants respecting the character 
of business in which said corporation proposes to engage, the amount 
of its capital stock, the proportion of its business that it is intended 
shall be carried on in this State, and the proportion and location of 
its business in other states or countries, and such interrogatories 
shall be answered under oath and the interrogatories and answers 
thereto shall be filed with said application and with the certified copy 
of its charter and shall be and operate as a limitation ujDon the 
powers of said corporation to transact business in the State of Illi- 
nois. 

The Secretary of State, upon the admission of such foreign corpor- 
ation to do business in the State of Illinois, shall issue a certified 
copy of all papers, including certified copy of the charter of said cor- 
poration, and shall state, in a certificate of authority to do business 
issued by him, the jDowers and object of said cor]3oration which may 
be exercised in this State, not in conflict with the law or public policy 
of this State, and no corporation shall, by the certificate of the Sec- 
retary of State, be authorized to transact any business in this State 
for the transaction of which a corporation cannot be organized under 
the laws of this State, and no foreign corporation shall exercise any 
powers in this State not authorized by the ]orovisions of its charter. 

§ 3. Every foreign corporation admitted to do business in the 
State of Illinois under the provisions of this act shall constantly keep 
on file in the office of the Secretary of State, an affidavit of the presi- 
dent and secretary, showing the location of its principal business 
office in the State of Illinois, and the name of some person who may 



126 CORPORATIONS. 



be found at said office, for the purpose of accepting service upon said 
corporation, in all suits that may be commenced against it, and as 
often as said corporation shall change the location of its office, or its 
attorney for receiving and accepting service, a new affidavit shall be 
filed to take the place of all such affidavits i^reviously filed by the 
officers of said corporation. Such corporation when admitted to do 
business in the State of Illinois, under this act shall be required to 
make such reports from time to time as are required to be made by 
similar cori^orations organized under the laws of this State and all 
regulations now in force or hereafter imposed upon domestic corpora- 
tions, shall be alike observed and coni]^,LLu with by all foreign corpor- 
ations doing business in this State. 

No foreign corporation admitted to do business in this State under 
the jDrovisions of this act shall hold any real estate except such as 
may be necessary for the proper carrying on of its legitimate business, 
nor be permitted to mortgage, pledge or encumber its real or personal 
projjerty situated in this State to the injury or exclusion of any citi- 
zen or corporation of this State who is creditor of such foreign cor- 
poration and no mortgage by any foreign corporation, except railroad 
and telegraph companies, given to secure any debt created in any 
other state shall take effect as against any citizen or corporation of 
this State until all of its liabilities due any person or corporation of 
this State at the time of recording such mortgage, shall have been 
fully paid and extinguished. Before any foreign corporation shall be 
authorized to do business in this State it shall be required to joay 
into the office of the Secretary of State ujDon the proportion of its 
stock represented by its property and business in Illinois, fees equal 
to those required of similar corporations formed within and under the 
laws of this State. 

§ 4. Nothing in this act shall be taken or construed to release 
from the operation of laws in force in this State, of foreign loan, 
building and loan, bond investment, surety, insurance or other cor- 
porations which are required to make deposits and comply with regu- 
lations established by law for their government, or the government of 
domestic cor^Dorations of like character, nor shall this act be construed 
to authorize the admission to do business in this State of any corpor- 
ation, the like of which may not be organized under some law of this 
State, nor to authorize the admission to do business in this State of 
any foreign loan, building and loan, bond investment, surety or insur- 
ance company, nor shall this act be construed as a grant of power to 
any corporation admitted hereunder, but as a limitation upon inter- 
state comity. 

§ 5. At any time the Secretary of State may, in his discretion, 
prepare and propound to the president, secretary, any director or 
manager of any corporation doing business in this State under the 
provisions of this act, such interrogatories respecting the character of 
business being transacted by it, the location of its business, the names 
and residences of its directors and officers, and the amount of capital 
paid in, as well as what disposition has been made of capital stock 



COEPOEATIONS. 127 



subscribed for or authorized and not paid in, and sucli interrogatories 
shall be answered under oath by the officer or director to whom pro- 
pounded, within five days after receipt thereof, and upon the failure 
or refusal of such officer or director to fully answer such interrogato- 
ries and file the same, with his answers, in the office of the Secretary 
of State, within ten days after receiving the same, the Secretary of 
State may revoke the authority of such corporation to do business in 
this State, by filing with the certified copy of the charter of such cor- 
poration a certificate of revocation, and by the i^ublication thereof for 
one issue in some newspaper of general circiilation in the State of 
Illinois, and thereafter, such corporation shall not exercise any of its 
corporate i^owers or franchises in the State of Illinois. When such 
interrogatories shall have been answered and filed with the answers 
thereto, in the office of the Secretary of State, if thereby any violation 
of the law, or of the charter of said corporation, or any excess of its 
powers and authority to do business in this State is disclosed, a copy 
thereof, with such information, shall be immediately transmitted to 
the Attorney General of this State for his action. 

§ 6. Every foreign corporation amenable to the provisions of this 
act. which shall neglect or fail to comply with any of the provisions 
of the same as herein provided, shall be subject to a penalty of not 
less than one thousand dollars (|1,000) nor exceeding ten thousand 
dollars ($10,000), to be recovered before any court of competent juris- 
diction, and it is hereby made the duty of the Secretary of State, as he 
may be advised, or may ascertain that any corporation is doing busi- 
ness in contravention of this act, to report such fact to the Attorney 
General of this State, and it shall be his duty and the duty of the 
State's attorney of the projjer county to bring such actions at law as 
shall be necessary for the recovery of the penalties imposed hereby, 
and in addition to such penalty, if after this act shall take effect, any 
foreign corporation shall fail to comply herewith, no suit may be 
maintained either at law or in equity upon any claim, legal or equita- 
ble, whether arising out of contract or tort in any court in this State. 

§ 7. This act shall not be construed to repeal any law now in force 
regulating the admission into this State of any insurance, surety, 
building and loan, railroad or telegraph corporation, but the provis- 
ions of this act shall be construed to be additional to any provisions 
regulating the admission of any such foreign corporations to do busi- 
ness in the State of Illinois. 

§ 8. An act entitled, "An act to amend an act entitled, 'An act to 
require every foreign corporation doing business in this State to have 
a public public office or place in this State at which to transact its 
business, subjecting it to certain conditions and requiring it to file its 
articles or charter of incorporation with the Secretary of State and to 
pay certain taxes and fees thereon, approved May 26, 1897, in force 
July 1, 1897, (approved April 22, 1899, in force July 1, 1899,)'" is 
hereby repealed and all acts and parts of acts in conflict herewith to 
the extent only of such conflict are hereby repealed. 



128 COEP0KATIONS. 



§ 9. This act shall not be aj)plicable to, or in any manner affect, 
any corporation of another state which has acquired, or constructed, 
and is now operating, a railroad in the State of Illinois. 

Appeoved May 18, 1905. 



FOREIGN CORPORATIONS-VIOLATIONS OF ACT. 

§ 1. Amends section 4, act of 1897. I §2. Repeal. 

§4. Violations of act— penalty. ! Approved May 13, 1905. 

An Act to amend an act entitled, "An act to require every foreign cor- 
poration doing business in this State to have a public office or place in 
this State at which to transact its business, subjecting it to a certain 
condition, and requiring it to file its articles or charter of incorporation 
with the Secretary of State, and to pay certain taxes and fees thereon," 
approved May 26, 1897, in force July 1, 1897, and various acts amend- 
atory thereof, by amending section J/.. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That an act entitled. "An 
act to require every foreign corporation doing business in this State 
to have a public office or place in this State at which to transact its 
business, subjecting it to a certain condition, and requiring it to tile 
its articles or charter of incorporation with the Secretary of State, 
and to pay certain taxes and fees thereon," approved May 26, 1897, in 
force July 1, 1897, and various acts amendatory thereof, be, and the 
same is hereby, amended by amending section 4. to read as follow^s, 
to- wit : 

§ 4. Every foreign corporation amenable to the provisions of this 
act which shall neglect or fail to comply with the conditions of the 
same as herein provided, shall be subject to a tine of not less than 
$1,000, to be recovered before any court of competent jurisdiction, 
and any person or agent soliciting or transacting business in this 
State, for or in the interests of such corporation, shall be guilty of 
a misdemeanor and on conviction thereof shall be tined not less than 
$200 nor more than $1,000, for each offense, and costs of prosecution, 
and the court entering such judgment shall order the person or agent 
so convicted to stand committed to the county jail until the tine and 
costs are paid; and it is hereby made the duty of the secretary of 
State, as he may be advised that corporations, or agents, or persons, 
are doing business in contravention of this act. to report the fact to 
the prosecuting attorney of the county in which such corporation, 
agent, or person is doing business, and the prosecuting attorney shall, 
as soon thereafter as is practicable, or upon his own motion at any time, 
institute proceedings or prosecutions for the conviction of all offenders 
under this act, and to recover the tines herein provided for. and his 
compensation for such services shall be 15 per centum of the tines so 
assessed, the remainder to be paid into the revenue fund of the State: 
in addition to such penalties, on and after the going into effect of 
this act no foreign corporation as above detined which shall fail to 



CORPOEATIONS. 129 



comiDly with this act, can maintain any suit or action, either legal or 
equitable, in any of the courts of this State npon any demand, whether 
arising out of contract or tort. 

§ 2. All acts or parts of acts in conflict with this act, are hereby 
repealed. 

Approved May 13, 1905. - 



NOT FOR PROFIT-RESTORATION OF CHARTERS. 



§ 3. Emergency. 
Approved May 13, 1905. 



Preamble. 

§ 1. Restoration of canceled charters. 

§ 2. Duty of Secretary of State— report to 
Secretary required. 

An Act to restore charters of all corporations organized not for pecuniary 
profit, including religious corporations, existing hy virtue of any gen- 
eral or special law of this State prior to Jtdy 1, 1903. 

Whereas, Piirsuant to "An act requiring corporations to make 
annual report to the Secretary of State, and providing for the cancel- 
lation of articles of incorporation for failure to do so, and to repeal a 
certain act therein named," approved May 10. 1901, the cancelation 
of the charters of a large number of corporations organized not for 
pecuniary profit, including religious corporations, have been entered 
upon the records of the office of the Secretary of State for failure to 
comply with sections 2 and 7 of said act; and. 

Whereas, In accordance with an act amending section 2 of the act 
of May 10, 1901, approved May 13, 1903, corporations organized not 
for pecuniary profit and religious corporations were exempted from 
making said report after July 1, 1903; 

Now, THEREFORE, for the purpose of restoring the charters of all cor- 
porations organized not for pecuniary profit, including religious cor- 
jDorations, that have been forfeited under the act of May 10, 1901, and 
prior to July 1, 1903, the following act is presented. 

Section 1. Be it encictecl by the People of the State of Illinois, 
represented in the General Assembly : That the charters of all cor- 
porations, organized not for pecuniary x^rotit, including religious cor- 
porations, existing by virtue of any general or special law of this 
State, prior to July 1, 1903, and whose charters were canceled by the 
Secretary of State on his records, for failing to comj^ly with sections 
2 and 7 of an act entitled "An act requiring corporations to make 
annual report to the Secretary of State, and providing for the cancel- 
lation of articles of incorporation for failure to do so, and to repeal a 
certain act therein named, approved May 10, 1901," be and the same 
are hereby restored. 

§ 2. It is hereby made the duty of the Secretary of State to annul 
upon the record of his office within ten days after the first day of 

— 9 L ■ 



180 



CORPORATIONS. 



March, A. D. 1906, the cancelation of the charters of all corporations 
organized not for pecuniary profit, including religious cori^orations, 
existing by virtue of any general or special law of this State, prior to 
July 1, 1903, unless such corporation has been otherwise dissolved, 
surrendered its charter as is by law permitted, or the name of said cor- 
poration subsequently appropriated: Provided, however, that such 
corporation prior to the first day of March, A. D. 1906, shall have re- 
ported to the Secretary of State, the present location of its principal 
office in this State, with town, street and number, with the date of ex- 
piration of the respective terms of office of its officers; whether or not 
the corporation is jrarsuing an active business under its charter, and 
the kind of business engaged in, if any. which report shall be made 
under the seal of the corporation and shall be signed and sworn to by 
the president, secretary or other officer of the corporation; and incase 
said corporation is in the hands of an assignee, receiver or trustee in 
bankruptcy, then such report shall be signed and sworn to by such 
assignee, receiver or trustee, as the case may be, which said report, 
together with a fee of one dollar for tiling the same, shall be sent to 
the Secretary of State in whose office it shall be tiled, and it is hereby 
made the duty of the Secretary of State to furnish proper blanks to 
be used in making said report upon request being made therefor. 

§ 3. Whereas, An emergency exists, making it necessary that this 
act shall take effect prior to July 1, 1905, this act shall take effect 
from and after its passage and approval. 

Approved May 13, 1905. 



ORGANIZATION OF CORPORATIONS. 



§ 1. Amends sections 2 and 4, act of 1872. 

§ 2. How corporations are formed — 
fraudulent corporations —pro- 
visions concerning. 



§4. Report of commissioners to Sec- 
retary of State— certificate of 
complete organization. 

Approved May 16, 1905. 



An Act entitled, "An act to amend sections 2 and 4 of an act entitled, 
'An act concerning corporations/ approved April 18, 1812, in force 
July 1, 1872, as amended by an act approved April 21, 1899, in force 
July 1, 1899/' 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections 2 and 4 of an 
act entitled, "An act concerning corporations," approved April 18, 
1872, in force July 1, 1872, as amended by an act approved April 
21, 1899, in force July 1, 1899, be, and the same are hereby amended 
as follows: 

§ 2. Whenever any number of persons not less than three, nor 
more than seven, shall propose to form a corporation under this act, 
they shall make a statement to that effect under their hands and duly 
acknowledged before some officer in the manner provided for the 
acknowledgment of deeds, setting forth the name of the proposed 



COEPOEATIONS. 131 



corporation, the object for which it is to be formed, its capital stock, 
the number of shares of which such stock shall consist, the location 
of the principal office and the duration of the corporation, not to ex- 
ceed ninety-nine years, which statement shall be tiled in the office of 
the Secretary of State. If the object for which said corporation is 
23roposed to be organized is clearly and definitely stated, and is a law- 
ful object, the Secretary of State shall thereupon issue to such per- 
sons a license as commissioners to open books for subscription to the 
capital stock of said corporation at such times and places as they may 
determine; but no license shall be issued to two companies having 
the same or a similar name, nor shall any foreign corporation having 
the same or a similar name as any domestic corporation be admitted 
to this State under any foreign corporation law and no domestic cor- 
poration shall hereafter be organized with the same or a similar name 
as any foreign corporation previously admitted to do business in this 
State. Upon the filing of any statement with the Secretary of State 
for the purpose of obtaining a license to incorporate, he may propound 
such interrogatories as he shall deem necessary to ascertain the true 
object: Provided, that the Attorney General may file a bill in chan- 
cery in the name of the People of the State of Illinois, against any 
corporation authorized to confer degrees, diplomas or other certificate 
or certificates of qualification in the science of medicine, pharmacy or 
dentistry which conducts a fraudulent business or abuses, misuses or 
violates the terms of its charter, in any court having jurisdiction of 
the corporation and subject-matter of such bill, for an injunction to 
restrain said cori^oration from conducting its business fraudulently or 
abusing, misusing or violating the terms of its charter and also for 
the dissolution of said corporation, and thereupon it shall be the duty 
of the court in which said bill is filed to grant such injunction and to 
hear and determine the same as in other cases in chancery: And, lyvo- 
vided, further, that this act shall apply to schools, colleges or univer- 
sities which now are, or may hereafter be licensed in this State, 
notwithstanding any j)rovisions that may exist in their charters. 

§ 4. The commissioners shall make a full report of their proceed- 
ings, including therein a copy of the notice provided for in the fore- 
going section, a copy of the subscription list, a statement of the 
amount of the capital, not less than one-half actually paid in. the 
amount of such capital not paid in. what disposition has been made 
of stock subscribed and not i^aid. and if any proportion of the capital 
has been paid in pro^^erty. the same shall be appraised by said com- 
missioners and they shall report the fair cash value thereof: the 
names of the directors or managers elected and their respective terms 
of office, which report shall be sworn to by at least a majority of the 
commissioners and shall be filed in the office of the Secretary of State 
The Secretary of State shall thereupon issue a certificate of the com- 
plete organization of the corporation, making a part thereof a copy of 
all the papers filed in his office in and about the organization of the 
corporation, and duly authenticated under his hand and seal of State, 
and the same shall be recorded in a book for that purpose, in the office 
of the recorder of deeds of the county where the principal office of 



182 CORPOEATIONS— COUNTIES. 



such company is located. Upon the recording of the said coiDy, the 
corporation shall be deemed fully organized and may proceed to busi- 
ness. Unless such company shall be organized and shall proceed to 
business as provided in this act within two years after the date of such 
license, then such license shall be deemed revoked, and all proceed- 
ings thereunder void. 
. Approved May 16, 1905. 



§ 1. Submission of question to vote of people. 

§ 2. Special election— notice— form of notice. 

§ .3. Postmg notices. 

§ 4. Election— how conducted. 

§ 5. Form of ballot. 



COUNTIES. 

BOND ISSUE FOR INDEBTEDNESS. 

§ 7. Bonds— when payable— interest. 
§ 8. Sale of bonds regulated. 



§ 9. Proceeds of bond sale constitute a sep- 
arate fund. 

§ 10. Tax levy to pay interest. 



§ 6. Bonds— who shall sign. ! Filed May IS, 1905. 

An Act to enable county hoards to issue the bonds of their respective 
counties for the purpose of paying outstanding indebtedness of such 
counties and to provide for the submission of the question of issuing 
such bonds to a vote of the voters of such counties. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly : That when any county shall 
have audited or allowed claims for county expenses or county pur- 
poses which are outstanding and which when added to the sum levied 
for county purposes exceed the sum of seventy-five cents on the one 
hundred dollars valuation of property, the county board may, b}' an 
order entered of record setting forth substantially the amount of such 
outstanding claims provide for the submission of the question of 
issuing the bonds of the county for such sum as may be reasonably 
necessary for the purpose, to a vote of the people of the county at the 
next election of county officers after the passage of such resolution or 
at a special election called by said county board for that purpose. 

§ 2. When a special election is called for the purpose mentioned 
in the foregoing section, the county board shall fix the date for hold- 
ing the same and at least twenty days previous to such date, the 
county clerk, in counties not under township organization, shall make 
out and deliver to the sheriff of his county, or in counties under town- 
ship organization, to the several supervisors of his county, three notices 
thereof for each precinct or district in which the election in such 
county is to be held. The notice may be substantially as follows: 

" Notice is hereby given that on (give the date) at (give the place 
of holding the election and the name of the ]orecinct or district) in 
the county of (give the name of the county) a special election will be 



COUNTIES. 133 



}ield for the jDurpose of voting upon the qiiestion of issuing the bonds 
of said county for the purposes mentioned in an order of the county 

board of said county made and entered of record on the day of 

A. D., 190. . . . (give the date of the order), which 

•election will be opened at eight o'clock in the forenoon of that day." 

§ 3. The said sheriff or supervisor to whom the notices are 
delivered shall post up in three of the most public jDlaces in each 23re- 
cinct or district, the three notices therefor at least fifteen days before 
the time of holding such special election. 

§ 4. All special elections held under this act shall be conducted 
by the same judges and clerks who presided at the next preceding 
■election for county officers in said county, and the said election shall 
be conducted and returns thereof shall be made and canvassed as 
nearly as may be in the manner provided by law for the holding of 
general elections for county otficers, except that no registration of 
voters shall be made or required. 

§ 5. The votes in favor of the proposition to issue bonds, at either 
a general or special election, shall be "For issuing bonds," and those 
against shall be "Against issuing bonds," and if a majority of the 
votes cast upon the question are "For issuing bonds" then the county 
board shall have power to cause to be issued bonds of said county in 
accordance with the terms of the order in the first section of this act 
mentioned. 

§ 6. The bonds issued under the authority of this act shall be 
.signed in the name of the county by the chairman of the board of 
county commissioners in counties not under township organization, 
and by the chairman of the board of supervisors in counties under 
township organization, and shall be countersigned by the county 
clerk and shall have the seal of the county attached thereto. 

§ 7. The bonds issued by authority of this act shall be payable 
at such time or times as the county board may in said order deter- 
mine, not exceeding, however, twenty years from the date of issue, 
and shall bear interest at such rate per annum as shall by said order 
be fixed, not exceeding five per cent. 

§ 8. The said bonds, or such as may be necessary, shall be sold to 
the highest bidder under the direction of the county board by receiv- 
ing sealed bids therefor, but no bond shall be sold for less than par 
and accrued interest, and at least fifteen days' notice of the time and 
place of receiving bids for such bonds shall be given by the county 
clerk by publication thereof for at least two successive weeks in some 
newspaper of general circulation in said county. 

§ 9. The money realized from the sale of said bonds or any of 
them shall be kept as a separate fund and disbursed only for the pur- 
pose for which they were issued: Provided, that any sur^jlus that 
may remain after the j)ayment of all demands against said funds may 
be used for other county purposes. 

§ 10. The county board of each county issuing bonds under the 
provisions of this act, shall include in the amounts of all taxes to be 
raised for county purposes in each year a sum sufficient to pay the 



134 COUNTIES. 



accruing interest on such bonds and also a sufficient sum to be set 
apart as a sinking fund to be accumulated and used for the payment 
of the principal of said bonds at their maturity. 
Filed May 13, 1905. 

This bill having remained with the f70vernor for a period of ten days (Sundays excepted) 
after it had been presented to him. and he not having returned it with his objections to the 
General Assembly, nor tiled with it, in the ofHce of the Secretary of State, his objections 
thereto, it becomes a law in like manner as if he had signed it. 
Witness my hand this J3th day of May, A. D. 1903. 

James A. Rose, 

Secretary of State. 



JUDGMENTS AGAIXST COUNTIES-HOW PAID. 

§ 1. Amends section 34, act of 1874. . Approved May 13. 1905. 

§ 34. Order for payment of judgment 
—tax levy to pay judgment- 
installments. 

Ax Act io amend section thirty-four (34-) of an act entitled, "An act to 
revise the laiv in relation to counties" approved and in force March 
31, 187 Ji. 

Section 1. Be it enacted hy the People of the State of Illinois 
represented in the General Assembly : That section thirty-four (34) 
of an act entitled. ''An act to revise the law in relation to counties," 
approved and in force March 31, 1874, be amended to read as follows: 

§ 34. Execution shall not, in any case, issue against the lands or 
other i3roijerty of a county; but when judgment is rendered against a 
county, the county board shall direct an order to be drawn on the 
county treasurer for the amount of the judgment and costs, which 
orders shall be paid as other county debts. 

(a.) Whenever the county board in any county shall in any year 
determine the amount of all taxes to be raised for county purposes, 
such board shall include among the purposes for which such taxes 
are to be raised the payment of any outstanding judgment or judg- 
ments against such county for the payment of which no other pro- 
visions has [have] been made. 

(h.) The county board may provide for the payment of any such 
judgment or judgments and the interest thereon in equal annual in- 
stallments, not exceeding however ten (10) in number, and may 
include one of such installments in the amount of taxes to be raised 
for county purj^oses in each year, but the aggregate amount of all 
taxes to be raised for county purposes shall not in any year execeed 
the rate of seventy-five (75) cents on the one hundred dollars ($100) 
valuation of property unless authorized by a vote of the people of the 
county. 

Approved May 13, 1905. 



COUNTIES. 



185 



COUNTY COMMISSIONERS OF COOK COUNTY. 



1 1. Amends section 61, act of 1874. 

§ 61. Oath of commissioners— title of 
board. 1st— time of regular 
meetings; 2nd to 9th— general 
powers and duties of board 
enumerated; 10th — appoint- 
ment of civil service commis- 
sion; 11th— removal of commis- 
sioners; 12th — classification ; 
13th— rules; 14th — publication 
of rules; 15th— examinations; 
16th— notice of examinations; 
17th — registers; 18th— promo- 
tions; 19th— appointments ; 20th 
—exemptions; 21st— removals; 
22d— reports to commission; 
23d— investigations; 24th —re- 
ports of commission ; 25th — offi- 
cers of commission ;26th— coun- 
ty officers to aid; 27th— salaries 



and expenses; 28th— appropri- 
ations ; 29th— frauds prohibited ; 
30th— receiving political con- 
tributions; 31st— soliciting poli- 
tical contributions; 32d— assess- 
ments in offices prohibited ; 33d 
—payments to public officers 
prohibited ; 34tn— abuse of poli- 
tical influence; 35th— payment 
for places; 36th— recommenda- 
tions on account of political 
service; 37th— auditing officer;; 
38th— appointments and re-. 
movals; 39th— payment of sal-., 
aries; 40th— compelling testi-. 
mony; 41st— penalties; 42d— - 
penalties; 43d— What officers^ 
to prosecute. 



Approved May 18, 1905, 



Am Act to amend section sixty-one {61) of an act entitled, "An act to 
revise the law in relation to counties" approved March 31, ISllf-, as 
<imended ly acts of May 20, 1879, June IJf, 18S7, and June 26, 1895. 

Section 1. Be it enacted by the Peox^le of the State of Illinois, 
represented in the Ge7ieral Assembly: Tliat section sixty-one (61) 
of an act entitled. "An act to revise the law in relation to counties," 
approved March Bl, 1874. as amended by acts of May 20, 1879, June 
14, 1887, and June 26. 1895, be and the same is hereby amended to 
read as follows : 

§ 61. The said commissioners shall, severally, before they enter 
upon the discharge of their duties, take the oath of office prescribed 
by the Constitution, and they shall be known as the Board of Com- 
missioners of Cook county, and as such board shall possess the 
powers, perform the duties and be subject to the rules, regulations 
and restrictions hereinafter specified, that is to say: 

First. Said board of commissioners shall hold regular meetings 
on the first Monday of December. January, February, March. June 
and September in each year. It shall be the duty of the president of 
the board of commissioners to call special meetings of the board 
whenever in his opinion the same may be necessary; and he shall 
preside at all of the meetings of said board, and generally perform 
the duties usually performed by a presiding officer: Provided, that, 
in the absence of the president, or of his inability to act. a president 
pro tempore may be elected, who shall during such absence or inabil- 
ity, possess all the powers and perform all the duties by law vested in 
and required of the president. 

Second. The president of the board of commissioners shall have- 
the same privilege of voting as any other commissioner; but he shall 
not have a casting vote upon any question upon which he has voted 
as commissioner. 



186 COUNTIES. 



Third. All resolutions or motions whereby any money shall be 
appropriated or by virtue of which any contract shall be made or any 
act done which may, directly or indirectly, or in any manner what- 
ever, create any jjecuniary liability on the part of said county, shall 
be submitted to said board of commissioners in writing or reduced to 
writing before any vote shall be taken thereon, and if adopted by the 
board, the same shall not take effect until after the same shall have 
been api^roved in writing by the president of said board, except as 
liereinafter provided. It shall be the duty of the clerk of said board 
to deliver to the president thereof, upon his request, the original (or 
a copy) of each resolution or motion so jDassed or adoj)ted by said 
board as aforesaid within one day after its passage or adoption, and 
in case the president approves thereof, he shall sign the same and it 
shall thereupon be in full force and effect. In case the presi- 
dent shall not approve any such resolution or motion, he shall, 
within five days after the receipt of the same as aforesaid, re- 
turn it to the clerk of the said board, with his objections thereto 
in writing. Such veto by the president may extend to any one 
or more items or appropriations contained in any resolution 
making an appropriation or to the entire resolution, and in case 
the veto only extends to a part of such resolution making an appro- 
priation the residue thereof not embraced within the veto shall take 
effect and be in force from the time of the receipt by said clerk of 
such veto of such part. Upon the return of any such resolution or 
motion by the president, with his objections thereto as aforesaid, the 
vote by which the same was passed shall be reconsidered by the 
board of commissioners as to so much thereof as may have been 
vetoed; and if, after such reconsideration, four-fifths of all the mem- 
bers elected to the board shall agree to pass the same by yeas and nays, 
to be entered on the journal, the same shall take eff'ect. notwithstanding 
the president may have refused to approve thereof. In case the pres- 
ident shall fail or omit to either sign and approve or return with his 
objections as aforesaid any such motion or resolution which shall 
have been passed or adopted by the board within six days after it 
shall have been so passed or adopted, the same shall take effect with- 
out the approval of the president. 

Fourth. Said board of commissioners shall have the management 
of the affairs of said Cook county in the manner provided by law, and 
may exercise the same powers, perform the same duties, and shall be 
subject to the same rules, regulations and penalties prescribed by law 
for the board of supervisors in other counties, except as herein other- 
wise provided, and shall also be subject to the rules, regulations and 
restrictions herein jjrovided. 

Fifth. The said board of commissioners shall have no power or 
authority to delegate to any committee or other person or persons the 
"power to act" when such "power to act" shall involve the letting of 
any contract or the expenditure of public money exceeding the sum 
of five hundred dollars ( $500) and any action of said board, or of any 
committee thereof, or of any other iDerson or persons in violation of 
this section, shall be null and void. No money shall be appropriated 



COUNTIES. 137 



or ordered paid by said county commissioners beyond the sum of tive- 
hundred dollars ($500) unless such appropriation shall have been 
authorized by a vote of at least two-thirds of the members elected to 
the said county board. And no officer of Cook county or other person 
shall incur any indebtedness on behalf of the county unless first 
authorized" by said board of commissioners. 

SixtJi. Said board of commissioners shall, within the first quarter 
of each fiscal year, adopt a resolution, to be termed the annual appro- 
priation bill, in and by which resolution said board shall appropriate 
such sums of money as may be necessary to defray all necessary ex- 
penses and liabilities of said Cook county, to be by said county paid 
or incurred during and until the time of the adoption of the next an- 
nual appropriation bill under this section: Provided, that said 
board shall not expend any money or incur any indebtedness or lia- 
bility on behalf of said county in excess of the percentage and several 
amounts now limited by law, and based on the limit prescribed in the 
Constitution, when applied to the last previous assessment. Said 
appropriation bill shall specify the several objects and purposes for 
which such appropriations are made, and the amount appropriated 
for each object or purpose. If the Legislature shall by law provide, 
or shall at any time appear to have by law^ provided, for the publica- 
tion of the assessment of real or jDersonal property, or both, to be 
paid for out of the county treasury, then said board of commis- 
sioners shall in each year, while such publication is required, make 
due provision for the cost thereof by sufiicient appropriation in such 
resolution, which said appropriation shall take precedence over 
all other appropriations contained in such resolution, excepting 
the provision for principal and interest of county indebtedness, 
the ordinary, current salaries of county officials cUid employes, 
the maintenance of county property and institutions, (including 
courts and juries), dieting occupants of the jails, prisons, hos- 
pitals and industrial schools, and the cost of elections required by 
law. Such appropriations shall take precedence of any appropria- 
tion for contingent fund or building fund: and if the tax actually 
collected in any such year shall be less than the total amount of the 
appropriations contained in said resolution, the items of appropria- 
tion following in such resolution after such appropriation for publish- 
ing assessments, in the order herein directed, shall be first abated, 
before the appropriation for such publication of tax assessments shall 
be reduced. The vote of said board of commissioners upon said 
appropriation bill shall be taken by yeas and nays, and the same 
shall be entered upon the journal. Such approi^riation bill shall not 
take efirect until after it sliall have been once published in a newspaper 
published in Chicago, and said board shall provide for and cause said 
appropriation bill to be iDublished as aforesaid. After the adoption 
of such ai^propriation bill or resolution, the said board of commis- 
sioners shall not make any further or other appropriations prior to 
the adoption or passage of the next succeeding annual appropriation 
bill, and the said board of commissioners shall have no power, either 
directly or indirectly, to make any contract or to do any act which 



138 . COUNTIES. 



shall add to the county expenditures or liabilities in any year, any 
thing or sum over and above the amount provided for in the annual 
appropriation bill for that fiscal year. No contract shall hereafter be 
made, or expense or liability incurred by the said board of commis- 
sioners, or any member or committee thereof, or by any person or 
persons, for or in its behalf, notwithstanding the expenditure may 
have been ordered by the said board of commissioners, unless an 
appropriation therefor shall have been previously made by said 
board in manner aforesaid: Provided, however, that nothing herein 
contained shall prevent the board of commissioners, by a concurring 
vote of four-fifths of all the commissioners (said vote to be taken by 
yeas and nays and entered upon the journal) from making any 
expenditures or incurring any liability rendered necessary, by any 
unforseen casualty by fire, flood or otherwise, happening after the 
annual appropriation bill shall have been passed or adopted. Nor shall 
anything herein contained be construed to deprive the board of power 
to provide for and cause to be paid from the county funds any charge 
upon said county imposed by law, without the action of the board of 
commissioners, including fixed salaries of officers required by law to 
be paid from the county treasury, and to pay jurors' fees and other 
charges fixed by law. 

Seventh. The board of commissioners shall establish and provide 
for the appointment of a committee on finance and a committee on 
public service. There shall be a superintendent of public service to 
be appointed by the president by and with the consent of the board 
of commissioners, who shall hold his office for one year and until his 
successor is appointed; he may be suspended or removed by the presi- 
dent: he shall give a sufficient bond for the performance of his duties, 
and be subject to the oversight and supervision of the committee on 
public service. It shall be the duty of the superintendent, under 
authority of the board of commissioners, to purchase, receive and 
distribute all supplies necessary for the use and service" of Cook 
county and its various institutions, of whatever nature, except those 
which are by law otherwise expressly provided for, and to keep 
accurate accounts of and vouchers for the same, which shall be open 
to the inspection of the president and the committee on public ser- 
vice and to the public: he shall also perform all other duties relative 
to the public service which may be assigned to him by the board of 
commissioners, who shall make and maintain regulations for the con- 
duct and government of the department of public service and not 
inconsistent with this act. 

Eighth. All contracts for supplies, material and work for the Coun- 
ty of Cook shall be let to the lowest reeponsible bidder, after due adver- 
tisement; but if, in case of any emergency, it is necessary to purchase 
supplies not exceeding in amount $500, such purchase may be made 
by the superintendent in the open market, on authority given to him 
by the board of commissioners or the committee on public service. 
All contracts for supplies, material or work for Cook county shall be 



COUNTIES. 139' 



approved by the board of commissioners and signed by the president 
of the board, the superintendent of public service and the comp- 
troller. Supplies shall be issued only on the requisitions of the re- 
sponsible officers of the county institutions now or hereafter estab- 
lished by law, approved by the committee on public service. 

Ninth. All officers and employes of the County of Cook, in the 
classification hereinafter provided for. except those whose election or 
appointment is otherwise provided for by law. and except those 
enumerated in paragraph twentieth of this section, shall be ap- 
pointed by the president of the board according to the provisions of 
this section, the salaries or rate of compensation of all officers and 
employes of said county, when not otherwise provided by law, shall 
be fixed by the board of commissioners and shall be fixed prior to the 
adoption of the annual approioriation, and shall not be changed dur- 
ing the year for which the appropriation is made; the board of com- 
missioners shall also determine whether any or what amount of bond 
any officer or employe shall give. 

Tenth. Civil service commission.] The president of the county 
board shall at the first regular meeting of the first day after July A. 
D. 1895, appoint three persons, who shall constitute and be known as 
the Civil Service Commission of said county, one for a term ending on 
the first Monday of December, A. D. 1895. one for a term ending on 
the first Monday of December. A. D. 1896, and one ending on the 
first Monday of December, A. D. 1897, and until their respective suc- 
cessors are appointed and qualified, and at the respective dates above 
named or soon thereafter the president shall in like manner appoint 
one person as the successor or a commission whose term shall then 
expire, to serve as a commissioner for three years, and until his suc- 
cessor is in like manner appointed and qualified. Two commis- 
sioners shall constitute a quorum: ail appointments to such commis- 
sion, both original and to fill vacancies, shall be so made that not 
more than two members shall at the time of appointment be mem- 
bers of the same political party. Said commissioner shall hold no 
other lucrative office or employment under the United States, the 
State of Illinois, or any municipal corporation or political division 
thereof. Each commissioner before entering upon the duties of his 
office shall take the oath prescribed by the Constitution of this State. 

Eleventh. Removal of commissioners — Vacancy.] The presi- 
dent may, in his discretion, remove any commissioner for incom- 
petence, neglect of duty or malfeasance in" office. The president 
shall at the next regular meeting report in writing any such removal 
to the board with his reasons therefor. Any vacancy in the office of 
civil service commissioner shall be filled by appointment by the 
president. 

Twelfth. Classification.] Said commissioners shall classify all 
the offices and places of employment in said county with reference to 
the examinations hereinafter provided for, except those offices and 
places mentioned in the twentieth paragraph of this section. The 
offices and places so classified by the commission shall constitute the- 



140 COUNTIES. 



-classified civil service' of said county and no appointments to any of 
such offices or places or removals therefrom shall be made, except 
under and according to the rules hereinafter mentioiied. 

Thirteenth. Rules.] Said commission shall make rules to carry 
out the purjDoses of this act, and for examinations, appointments and 
removals in accordance with its provisions, and the commission may 
from time to time make changes in the original rules. 

Fourteenth. Publication of eules — Time of taking effect.] 
All rules made as hereinbefore provided, and all changes therein shall 
forthwith be printed for distribution by said commission; and the 
commission shall give notice of the place or places where said rules 
may be obtained, by publication in one or more daily newspapers 
published in such county, and in each such publication shall be speci- 
lied the date, not less than ten days subsequent to the date of such 
publication, when said rules shall go into operation. 

Fifteenth. Examinations.] All applicants for offices or places 
in said classified service, except those mentioned in the twentieth 
paragraph of this section, shall be subjected to examination, which 
shall be public, competitive and free to all citizens of the United 
States, with specified limitations as to residence, age, health, habits 
and moral character. Such examinations shall be practical in their 
character and shall relate to those matters which will fairly test the 
relative capacity of the persons examined to discharge the duties of 
the positions to which they seek to be appointed, and shall include 
tests of physical qualifications and health, and when apijropriate, of 
manual skill. No questions in any examination shall relate to politi- 
cal or religious opinion or affiliations. The commission shall control 
all examinations and may, when an examination is to take place, des- 
ignate a suitable number of persons, either in or not in the official 
service of said county, to be examiners; and it shall be the duty of 
such examiners, and, if in the official service, it shall be a part of 
their official duty, without extra compensation, to conduct such exam- 
ination as the commission may direct, and make return or report 
thereof to said commission, and the commission may at any time sub- 
stitute any other person, whether or not in such service, in the place 
of any one selected; and the commission may themselves at any time 
act as such examiners, and without appointing examiners. The ex- 
aminers at any examination shall not all be members of the same 
political party. 

Sixteenth. Notice of examinations.] Notice of the time and 
place and general scope of every examination shall be given by the 
commission by publication for two weeks preceding such examina- 
tion in a daily newspaper of general circulation published in said 
county, and such notice shall also be posted by said commission in a 
conspicuous place in their office for two weeks before such examina- 
tion. Such further notice of examination may be given as the com- 
mission shall prescribe. 

Seventeenth. Registees.] From the returns or rei^orts of the ex- 
aminers, or from the examinations made by the commission, the com- 



COUNTIES. 141' 



mission shall prepare a register for each grade or class of positions 
in the classified service of said county of the person whose general 
average standing upon examination for such grade or class is not less 
than the minimum fixed by the rules of such commission, and who 
are otherwise eligible; and such persons shall take rank upon the reg- 
isters as candidates in the order of their relative excellence as deter- 
mined by examination, without reference to priority of time of exam- 
ination. Said commission may strike off names of candidates from 
the register after they have remained thereon for more than two 
years. 

Eighteenth. Peomotions.] The commission shall, by its rules,, 
provide for promotion in such classified service on the basis of ascer- 
tained merit, examination and seniority in service, and shall provide, 
in all cases where it is practicable, that vacancies shall be filled by 
promotion. All examinations for promotion shall be competitive 
among such members of the next lower rank as desire to submit 
themselves to such examination: and it shall be the duty of the com- 
mission to submit to the appointing power the names of not more 
than three applicants for each promotion having the highest rating. 
The m.ethod of examination and the rules governing the same, and 
the method of certifying shall be the same as provided for applicants 
for original appointment. 

Xineteenfh. Appointments to classified service.] The head 
of the institution, department or office in which a position classified 
under this act is to be filled, shall notify the president of the board 
and said commission of that fact, and said commission shall certify 
to the appointing officer the name and address of the candidate stand- 
ing highest upon the register for the class or grade said position be- 
longs to, except that in case of laborers, where a choice by competi- 
tion is impracticable, said commission may provide by its rules that 
the selection shall be made by lot from among those candidates 
proved fit by examination. In making such certification, sex shall be 
disregarded, except when some statute, the rules of said commission 
or the api^ointing power specifies sex. Said appointing officer, mean- 
ing thereby the president of said board, shall notify said commission 
of each position to be filled separately, and shall fill such place ,by the 
appointment of the person certified by said commission therefor, 
which appointment shall be on probation for a period to be fixed by 
said rules. At or before the expiration of the period of probation, the 
officer having the power of appointment may, with the consent of said 
commission, discharge such jjerson so appointed on probation, upon 
assigning in writing to said commission his reasons therefor. 

Tiventieth. Exemptions.] The iDresident of the Board of Commis- 
sioners of Cook county shall with the advice and consent of the board 
appoint the warden of the county hospital, the superintendent of the 
insane asylum and poor house, the county agent, the county physician, 
the custodians of court house and criminal court building, the county 



142 corNTiES. 



.attorney, the county architect, the committee clerk of the county 
board, and the said officers and the superintendent of public sei"vice 
shall not be included in the said classified service. 

Twenty-first. Removals and reduction.] Removals from the 
classified service or reduction in grade or compensation, or both, may 
be made in any department of the service by the head of such depart- 
ment for any cause which will promote the efficiency of the service; 
but only on written specifications by the officer making the removal or 
reduction; and the person sought to be removed or reduced shall have 
notice and shall be served with a copy of the specifications and be al- 
lowed reasonable time for answ^ering the same in writing; and a copy 
of the notice, specifications, answer and of the order of removal or re- 
duction shall be filed with the Civil Service Commission. The said 
commission shall investigate any removal or reduction which it has 
reason to believe has not been made in accordance with the 
provisions of this section, and it may in any case investigate any 
removal or reduction, and then in accordance with its findings, 
approve or disapprove the same. The finding and decision of the said 
commission shall in every case be final, and shall be certified to the 
appointing ofiicer, and shall be forthwith enforced by such officer. 
A copy of said papers in each case shall be made a part of the record 
of the division of the service in which the removal or reduction is 
made. Nothing in this act shall limit the power of any officer to 
suspend a subordinate, without pay, for cause assigned in writing, for 
a reasonable period, not exceeding thirty days. 

In the course of an investigation of charges, each member of the 
Civil Service Commission shall have the power to administer oaths, 
and shall have the power to secure by its subpoena, both the attend- 
ance and testimony of witnesses, and the production of books and 
papers relevant to such investigation. 

Tiventy -second. Report to commission.] Immediate notice in 
writing shall be given by the appointing power to said commission of 
all appointments, permanent or temporary, made in such classified 
civil service, and of all transfers, promotions, resignations or vacan- 
cies from any cause in such service and of the date thereof; and a 
record of the same shall be kept by said commission. When any of- 
fice or place of employment is created or abolished, or the compensa- 
tion attached thereto altered, the officer or board making such change 
shall immediately report it in writing to said commission. 

Tiventy -third. Investigations.] The commission shall investi- 
gate the enforcement of this act and its rules, and the action of exam- 
iners herein lorovided for, and the conduct and action of the appointees 
in the classified civil service of said county. In the course of 
such investigation each commissioner shall have power to administer 
oaths, and said commission shall have power to secure by its subpoena 
both the attendance and testimony of witnesses and the production 
of books and papers relevant to such investigations. 

Twenty -fourth. Reports of commission.] Said commission shall, 
on or before the first Monday of September of each year, make to the 
president for transmission to the hoard of commissioners a report 



COUNTIES. * 143 



showing its own action, the rules in force, the practical effects 
thereof, and any such suggestions it may approve for the more 
effectual accomplishment of the purposes of this act. The iDresident 
may require a report from said commission at any time. 

Twenty -fifth. The Civil Service Commission shall select one of 
their own number to act as chairman and one as secretary. The sec- 
retary shall keep the minutes of its proceedings, preserve all reports 
made to it, keep a record of all examinations held under its direction 
and perform such other duties as the commission shall require. 

Twenty -sixth. Officers to aid — Rooms.] All officers of said 
county shall aid said commission in all projjer ways in carrying out 
the provisions of this act, and at any place where examinations are 
to be held shall allow the reasonable use of public buildings for hold- 
ing such examinations. The board of county commissioners shall 
cause suitable rooms to be provided for said commission at the ex- 
pense of said county. 

Twenty -seventh. Salaries and expenses.] Each of said civil 
service commissioners shall receive a salary of fifteen hundred dollars 
a year, and said commission may also incur expenses not exceeeding 
five hundred dollars a year for printing, stationery and other incidental 
matters. 

Twenty-eightJi. Appropriations.] A sufficient sum of money 
shall be appropriated each year by said board to carry out the pro- 
visions of this act in said county. If the board shall have already 
made the annual appropriation for county purposes for the current 
fiscal year, the board is authorized and required to pay the salaries 
and expenses of the civil service commission for such fiscal year oiit 
of the moneys appropriated for contingent jjurposes by said board. 

Twenty -ninth. Frauds prohibited.] No person or officer shall 
wilfully or corruptly, by himself or cooperation with any one or more 
other persons, defeat, deceive or obstruct any person in respect to his 
or her right of examination, or corraptly or falsely mark, grade, es- 
timate or report upon the examination or proper standing of any 
person examined hereunder, or aid in so doing, or wilfully or cor- 
ruptly make any false representation concerning the same or concern- 
ing the person examined, or wilfully or corruptly furnish to any 
person any special or secret information for the purpose of improving 
or injuring the prospects or chances of any person so examined or to 
be examined being employed or promoted. 

Thirtieth. No officer to solicit or receive political contri- 
butions.] No officer or employe in the classified civil service of said 
county or named in the twentieth paragraph of this section shall 
solicit, orally or by letter, or receive or pay, or be in (any) manner 
concerned in soliciting, receiving or paying any assessments, sub- 
scriptions or contributions for any party or political purpose's what- 
ever. 

Thirty-first. No person to solicit political cc^ntributions 
FROM OFFICERS OR EMPLOYES.] No person shall solicit orally 
or by letter, or be in any manner concerned in soliciting any 



144 COUNTIES. 



assessment, Contribution or payment, for any party or for any political 
purpose whatever, from any officer or employe in the classified civil 
service of said county or named in the twentieth paragraph of this 
section. 

Thirty-second. Assessments and contributions in public of- 
fices FOEBiDDEN.] No person shall in any room or building occu- 
pied for the discharge of official duties by any officer or employe in 
the classified civil service of said county, or named in the twentieth 
paragraph of this section, solicit, orally or by written communication,, 
deliver therein or in any other manner, or receive any contribution of 
money or other thing of value, for any party or political purpose 
whatever. No officer, agent, clerk or employe in the classified civil 
service of said county or named in the twentieth paragraph of this 
section, who may have charge or control of any building, office or 
room, occupied for any purpose of said government, shall permit any 
person to enter the same, for the purpose of therein soliciting or de- 
livering written solicitations for, or receiving or giving notice of any 
political assessment. 

Thirty -iliird Payments of political assessments to public 
OFFICERS prohibited.] No officer or employe in the classified civil 
service of said county or named in the twentieth paragraph of this 
section shall, directly or indirectly, give or hand over to any officer or 
employe or to any senator or representative or alderman, councilman 
or commissioner, any money or other valuable thing on account of or 
to be applied to the promotion of any party or political object what- 
ever. 

Thirty-foinili. Abuse of political influence prohibited.] No 
officer or employe in said classified service or named in the twentieth 
paragraiah of this section shall discharge or degrade or promote, 
or in any manner change the official rank or compensation of any 
other officer or emjjloye, or promise or threaten to do so, for giving or 
witholding or neglecting to make any contribution of money or other 
valuable thing for any party or political purpose, or for refusal or 
neglect to render any party or political service. 

Thirty-jifth. Payment for place prohibited.] No applicant 
for appointment in said classified civil service or to a position named 
in the twentieth paragraph of this section, either directly or indirect- 
ly, shall pay, or i3romise to pay any money or other valuable thing to 
any person whatever for or on account of his appointment, or pro- 
posed appointment, and no officer or employe in said civil service or 
named in said paragraph shall pay or promise to pay, either directly 
or indirectly, any person any money or other valuable thing whatever 
for or on account of his promotion. 

Thirty-sixtli. Recommendation in consideration of political 
service prohibited.] No applicant for apijointment or promotion 
in classified civil service shall ask for or receive a recommendation 
for assistance from any officer or employe in said service, or of any 
person upon the consideration of any political service to be rendered 
to or for such person or for the promotion of such person to any 
office or appointment. 



COUNTIES. 145 



TUirfji-seventli. Auditing officer.] No accounting or auditing 
officer shall allow the claim of any public officer for services of any 
deputy or other person employed in the i^ublic service in violation of 
the provisions of this act. 

Thiiiij-eigliili. Appointments and removal to be certifed to 
THE comptroller.] The commission shall certify to the county 
clerk or other auditing officers, all appointments to offices and places 
in the classified civil service, and all vacancies occuring therein, 
whether by dismissal, resignation or death, and all findings made or 
approved by the commission under the provisions of the twenty-first 
paragraph of this section, that a person shall be discharged from the 
classified service. 

Thirty -ninth. Comptroller to pay salaries, only after cer- 
tification.] No county clerk, comptroller or other auditing officer 
of said county shall approve the payment of, or be in any manner 
concerned in paying any salary or wages to any person for services as 
an officer or employe of said county unless such person is occupying 
an office or place of employment according to the provisions of law 
and is entitled to payment therefor. 

Fortieth. Compelling testimony of witnesses — Production of 
BOOKS and papers.] Any xJcrson who shall be served with a sub- 
poena to appear and testify, or to produce books and papers, issued 
by the commission or by any commissioners, or by any board or per- 
son acting under the orders of the commission in the course of an 
investigation conducted either under the provisions of the twenty- 
first or twenty-third iDaragraph of this section, and who shall refuse 
or neglect to appear or testify, or to produce books and papers 
relevant to said investigation as commanded in such subpoena, shall 
be giiilty of a misdemeanor, and shall, on conviction, be punished as 
provided in the forty-first paragraph of this section. The fees of 
witnesses for attendance and travel shall be the same as the fees of 
witnesses before the circuit courts, and shall be paid from the appro- 
priation for the expenses of the commission. And [any] circuit court 
or any judge thereof, either in term time or vacation, upon application 
of any such commissioner or officer or board may, in his discretion, 
compel the attendance of witnesses, the production of books and 
papers, and giving of testimony before the commission, or before any 
such commissioner, investigating board or officer, by attachment for 
contempt or otherwise in the same manner as the production of 
evidence may be compelled before said court. Every person who, 
having taken an oath or made affirmation before a commissioner or 
officer a^Dpointed by the commission authorized to administer oaths, 
shall swear or affirm wilfully, corruptly and falsely, shall be guilty of 
perjury and upon conviction shall be punished accordingly. 

Fortjj-first. Penalties.] Any person who shall wilfully, or 
through culpable negligence, violate any of the provisions of this act 
or any rule promulgated in accordance with the provisions thereof, 
shall be guilty of a misdemeanor and shall, on conviction thereof, be 



10 L 



146 COUNTIES — COUKTS. 



punished by a fine of not less than fifty dollars, and not exceeding 
one thousand dollars, or by imprisonment in the county jail for a 
term not exceeding six months, or by both such fine and imprison- 
ment in the discretion of the court. 

Forty-second. Penalties — Disqualification to hold office.] 
If any person shall be convicted under the next preceding section, 
any public office or i^lace of public employment which such person 
may hold, shall, by force of such conviction, be rendered vacant, and 
such person shall be incax^able of holding any office or place of public 
employment for the period of five years from the date of such 
conviction. 

Forty-Third. What officers to prosecute.] Prosecutions for 
violations of this act may be instituted either by the Attorney (gen- 
eral, the State's attorney for the county in which the offense is 
alleged to have been committed, or by the commission acting through 
special counsel. Such suits shall be conducted and controlled by the 
prosecuting officers who institute them, unless they request the aid 
of other prosecuting officers. [As amended by act which became a 
law June 26, 1895. In force July 1, 1895. 

Approved May 18, 1905. 



COURTS. 



circuit courts-branches established 

§ 4. Duty of circuit clerk and sheriff. 
§ 0. Rules of practice and procedure. 
Approved May 16, 1905. 



§ 1. Branch courts may be held in any 
county. 



Docket of branch courts — transferred 
cases. 



§ 3. Shorthand reporter provided for. 

An Act to provide for the holding of a branch circuit court in each 
county of this State at the same time the regular term of the circuit 
court is being held in and for such county; and to provide for the pro- 
ceedings to be had in such courts. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That it shall be lawful to 
hold a branch circuit court in any county in this State at the same 
time that the main or regular circuit court for such county is in ses- 
sion, or at any time during the same term, by any circuit judge of the 
same circuit in which such county is situated or by any judge of any 
other circuit called in as provided by law, for the purpose of hearing 
and deciding motions and settling the issues in any, or all, causes 
pending in such court, and for the purpose of hearing chancery causes 
and cases at law which are pending in such court for that term. In 



COURTS. 147 



case the business in such branch of the court shall require the pres- 
ence of a jury, it may be ordered by any judge of the circuit and 
shall be summoned in the same manner as jurors are summoned for 
the circuit court, and jurors so summoned shall serve in either divis- 
ion of the court in which their services may be required in the same 
manner as is or may be provided by law for judges [juries] in circuit 
courts. 

§ 2. It shall be the duty of each clerk of the circuit court to 
keep a docket for such branch court and when a branch court is to 
be, or is being held, the presiding judge of the main circuit court 
shall assign to such branch court as many of the law and chancery 
cases to be heard with or without a jury and other cases for the set- 
tling of issues therein, as the presiding judge of such branch court 
shall have time to hear or try: Provided, that all such cases so 
transferred shall nevertheless remain on the original docket for final 
disposition if they are not finally disposed of in such branch court. 

§ 3. A court short-hand reporter may be employed on such branch 
courts by the presiding judge thereof, in the same manner as is now 
by law provided for the appointment of reporters for circuit courts, 
who shall perform the same duties and be entitled to the compensa- 
tion provided by law for such reporter for the days actually employed. 

§ 4. The clerk of the circuit court and the sheriff of the county in 
and for which such courts are held, or their respective dei)uties, shall 
attend such courts when in session and perform the same duties as 
are now required of them in the circuit court. 

§ 5. Both of such circuit courts shall be governed by the same 
rules of practice and procedure as have been or shall be adopted and 
put in force by the circuit court in and for such county. 

Approved May 16, 1905. 



CIRCUIT COURTS-SHORT-HAND REPORTERS. 

§1. Amends section 1, act of 1887. I Approved May 13, 190o. . . .• ; 

§1. Appointment of sliorthand re- j • ' 

porters regrulated. I 

Af Act to amend section one of an act entitled, ''An act to authorize the 
judges of the circuit courts to appoint short-hand reporters for the tak- 
ing and preservation of evidence, and to provide for their compensa- 
tion," approved May 31, 1887, in force July 1, 1887. 

Section 1. Be it enacted hij the People of the State of Illinois 
represented in the General Assembly : That section one of an act 
entitled, "An act to authorize the judges of the circuit courts to 



148 COURTS. 



appoint short-hand reporters for the taking and preservation of evi- 
dence, and to provide for their comi3ensation/" approved May 31^ 
1887, in force Jnly 1, 1887, be amended to read as follows: 

Section 1. That the several judges of the circuit courts in this 
State be, and they are hereby, authorized to appoint a short-hand 
reporter for their respective courts, whose duty shall be as hereinafter 
specified. The reporter so appointed shall hold his i^osition during 
the pleasure of the judges so appointing him, not, however, to extend 
beyond the time the judges making such appointment shall be elected 
for: Pi'OvidecL hoicever, that in case of the absence or disability of 
the reporter so appointed the presiding judge may appoint any other 
reporter to act in his place during such absence or disability: And, 
provided, Jurther, that in counties whose territory is co-extensive- 
with the territory of one circuit, there shall not be appointed after 
the passage of this act any official reporters, by any judge of said 
county, except when authorized by the county board, and their salary^ 
or per diem tixed by said board. 

Approved May 13, 1905. 



CIRCUIT COURT— TERMS. FIRST CIRCUIT. 
§ 1. Gives additional term to Saline county. 1 Approved April 7, 1905. 
§ 2. Emergency. I 

An Act to provide one additional term of the circuit court vi the county 

of Saline. 

Section 1. Be it enacted hy the People of tJie State of Illinois^ 
represented in the General Assembly : That hereafter there shall be 
held in the county of Saline, one additional term of the circuit court,, 
to commence on the second Monday in the month of June, in each 
and every year.- Provided, that neither grand nor petit jury shall be 
summoned for said term, except by order of the court. 

§ 2. Whereas, An emergency exists, this act shall be in force 
from and after its passage. 

Approved April 7, 1905. 

CIRCUIT COURTS-TERM.S. FOURTH CIRCUIT. 



§ 1. Amends section 5, act of 1879. 

§ .5. Fixes time for holding court in 
4th district. 



Approved April 7, 1905. 



An Act to amend section five (5) of an act entitled, "An act to amend 
an act concerning circuit courts, and to fix the time for holding the 
same in the several counties in the judicial circuits of the State of Illi- 
nois, exclusive of the county of Cook," approved May 2Jf, 1879, in 
force July 1, 1S79, approved June 11, 1897, in force July 1, 1897,. 
and as further amended May 13, T903, in force July 1, 1903. 

Section 1. Be it enacted by the Peopjle of the State of Illinois 
represented in the General Assembly: That section five (5) of an 



COURTS. 149 



act entitled. "An act to amend an act concerning circuit courts, and 
to lix the time for holding same in the several counties in the judi- 
cial circuits of the State of Illinois exclusive of the county of Cook,"' 
approved May 24, 1879. in force -July 1, 1879, as amended June 11, 
1879. in force July 1. 1897. and as further amended May 13, 1903, in 
force July I. 1903. be and the same is hereby amended so as to read 
as follows : 

§ 5. Fourth District. In the county of Marion on the second 
Monday of January and the fourth Mondays of April and September: 
Provided, that no grand jury shall be summoned for the January 
term of Marion county; in the county of Clinton on the second Mon- 
days of May and November; in the county of Clay on the second Mon- 
days of March and September; in the county of Fayette on the sec- 
ond Mondays of February and May and the fourth Monday of August; 
in the county of Effingham on the third Mondays of March and 
October; in the county of Jasper on the second Monday of April and 
the first Monday of October; in the county of Montgomery on the 
third Monday of January and first Mondays of A])ril and November; 
in the county of Shelby on the fourth Monday of March and the first 
Monday of June and the second Monday of November: in the county 
of Christian on the second Monday of March and fourth Mondays of 
August and November: Provided, the June term in Shelby county 
shall have no juries sunmioned. unless the same is done on the 
written order of the judge, made thirty (30) days prior to the first 
day of the term. 

Approved April 7, 1905. 



COUNTY COURTS-CHAMPAIGN AND DOUGLAS COUNTIES. 

■■§ 1. Amends sections 18 and 29, act of 1874. i § 29. Fixes term in Douglas county. 

§ 18. Fixes term in Champaign county. I Approved May 16, 190-5. 

Ax Act to amend sections IS and 29 of an act entitled, ''An act to ex- 
tend the jurisdiction of county courts, and to provide for the practice 
thereof, to fix the time of holding the same, and to repeal an act therein 
7iamed," approved March 26, 181]+, in force J-uly 1, 1811+.. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly : That sections 18 and 29, of an 
act en titled, "An act to extend the jurisdiction of county courts, and 
to provide for the practice thereof, to fix the time for holding the 
same, and to re^Deal an act therein named,"' approved March 26. 1874, 
in force July 1. 1874, be, and the same is hereby amended, so as to 
read as follows: 

§ 18. Champaign in May and November. 

§ 29. In the county of Douglas, on the third Monday of Novem- 
l)er, and the third Monday of April, of each year. 

Approved May 16, 1905. 



150 COURTS. 

COUNTY COURTS-COLES COUNTY. 
§1. Amends section 23, act of 1874. i §2. Repeal. 

§ 23. Terms in Coles county. | Approved A[jril 7, 1905. 

An Act to amend section 23 of an act entitled, ''An act to extend the 
jurisdiction of county courts and to provide for the practice thereof, 
to fix the time for holding the same, and to repeal an act therein 
named" approved March 26, 187Jf, in force July 1, 187Jf, and as 
amended hy an act approved and in force May 27, 1881. 

Section 1. Be it enacted by the People of the State oj Illinois, 
represented in the General Assembly: That section 23 of on act 
entitled, "An act to extend the jurisdiction of county courts and to 
provide for the practice thereof, to tix the time for holding the same 
and to re^jeal an act therein named," approved March 26, 1874, in 
force July 1, L874, and as amended by an act approved and in force 
May 27, 1881, be and the same is hereby amended so as to read as 
follows, to- wit: 

§ 23. Coles, first Mondays in February and August. 

§ 2. All acts or parts of acts in conflict with this act are hereby 
repealed. .- , • 

Approved April 7, 1905. ... 



COUNTY COURTS-EDWARDS COUNTY. 

§ 1. Amends section 32, act of 1874. 1 Approved April 7, 1905. 

§ 32. Terms in Edwards county. I 

An Act to amend section 32 of an act entitled, "An act to extend the 
jurisdiction of county courts and to provide for the practice thereof, to 
fix the time of holding the same, and to repeal an act therein named," 
approved March 26, 1874, in force July 1, 1874- 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That section 32 of an act en- 
titled, "An act to extend the jurisdiction of county courts and to pro- 
vide for the practice thereof, to fix the time for holding the same , and 
to repeal an act therein named." approved March 26, 1874, in force 
July 1, 1874, be, and the same is hereby amended so as to read as 
follows : 

§ 32. Edwards, on the second Monday in January and the third 
Monday in July of each year. 

Approved April 7, 1905. 



COUETS. 151 



COUNTY COURTS-WAYNE COUNTY. 

§ 1. Amends section 103, act of 1874. 1 Approved April 7, 1905. 

§ 103. Terms in Wayne county. ' 

An Act to amend section 103 of an act entitled, "An act to extend the 
juridiction of county courts and to provide for the practice thereof, to 
fix the time of holding the same, and to repeal an act therein named," 
approved March 26, 1874, in force July 1, 1874, ds amended hy an act 
approved and in force May 27, 1881. 

Section 1. Be it enacted hy the People of the State of Illhiois 
represented in the General Assembly : That section 103, of an act en- 
titled, "An act to entend the jurisdiction of county courts, and to pro- 
vide for the practice thereof, to tix the time for holding the same, and 
to repeal an act therein named," approved March 26, 1874, in force 
July 1, 1874, as amended by an act approved and in force May 27, 
1881, be, and the same is hereby amended to read as follows: 

Section 103. Wayne, in February and August. 

Approved April 7, 1905. 



JUVENILE COURTS-PROBATION OFFICERS. 



§1. Amends section 6. act of 1899. 

§ 6. Probation officers— appointment- 
duties— compensation. 



Approved May 13, 1905. 



An Act to amend section 6 of an act entitled, ''An act to regulate the 
treatment and control of dependent, neglected and delinquent children/' 
approved April 21, 1899, in force July 1, 1899. 

Section 1. Be it eriacted hy the People of the State of Illinois, 
represented in the General Assembly : That section 6 of an act en- 
titled, "An act to regulate the treatment and control of dependent, 
neglected and delinquent children," approved April 21, 1899, in force 
July 1, 1899, be and the same is hereby amended so as to read as fol- 
lows : 

§ 6. The court shall have authority to appoint or designate one or 
more discreet persons of good character to serve as probation officers 
during the pleasure of the court; said probation officers to receive no 
compensation from the public treasury. In case a probation officer 
shall be appointed by any court it shall be the duty of the clerk of 
the court, if practicable, to notify the said probation officer in advance 
when any child is to be brought before the court; it shall be the duty 
of the said probation officer to make such investigation as may be re- 
quired by the court; to be present in court in order to represent the 
interest of the child when the case is heard; to furnish to the coiirt 
such information and assistance as the judge may require; and to take 
such charge of any child before and after trial, as may be directed by 
the court: Provided, however, that in counties having over five hun- 
dred thousand population, the judges of the circuit court, by rule to 
be entered of record, shall determine a number of probation officers 



152 COURTS. 



including one head probation officer, to be employed during each 
year, who shall be paid a suitable compensation for their services. 
The head probation officer shall have charge and control of all other 
j)robation officers, subject to the direction of the court. The judges 
of said court shall notify the president of the board of county com- 
missioners or supervisors of said county, as the case may be, of the 
number of said probation officers so determined, who are to be paid 
as herein provided, and said probation officers, including the head 
probation officer, as aforesaid, shall be appointed in the same manner 
and under the same rules and regulations as other officers or employes 
in the said county under the board of commissioners or supervisors of 
the county, as the case may be. and shall be paid a suitable compen- 
sation by the county for their services, the amount thereof to be de- 
termined by such board of commissioners or supervisors, as the case 
may be. Such probation officers shall have the same powers and per- 
form the same duties as other probation officers under the provisions 
of this act. Nothing herein contained, however, shall be held to limit 
or abridge the power of the judge or judges so designated under sec- 
tion 3 of this act to hear cases coming under this act, to appoint per- 
sons or probation officers, whom said judge or judges may see fit, and 
who shall serve without pay for such services as probation officer. 
Appeoved May 13. 1905. 



JUVENILE COURTS— REVISION OF ACT. 



§ 1. Amends several sections, act of 1899. 

§ 1. To whom act applies— defines de- 
pendent, neglected, delin- 
quent child; also the words 
child or children explained. 

§ 4. Petition to the court— contents of 
petition— affidavit. 

§ 5. Summons— notice— failure to ap- 
pear, etc. 



§ 7. Court may commit child to cer- 
tain institutions. 

§9. Disposition of delinquent child- 
ren. 

§ 10. Transfer from justice and police 
magistrates. 

§ 20. What act does not repeal. 

Approved May 16, 1905. 



An Act to amend sections 1, 4, 5, 1 , 9, 10 and 20 of an act enMtled, "An 
act to regulate the treatment and control of dependent, neglected and 
delinquent children'' approved April 21, 1899, in force July 1, 1899, 
and as amended by an act approved May 11, 1901, and in force July 
1, 1901. 

Section 1. Be if encided hy the People of the Strife of Illinois, 
represenfed in the General Assembly : That sections 1, 4. 5, 7, 9, 10 
and 20 of an act entitled "An act to regulate the treatment and con- 
trol of dependent, neglected and delinquent children." as amended by 
an act approved May 11, 1901, and in force July 1, 1901, be and the 
same are hereby amended so as to read as follows: 

§ 1. This act shall apply to male children under the age of seven- 
teen years and to female children under the age of eighteen years not 
now or hereafter inmates of a State institution incorporated under 



COUETR. 15P) 



the laws of this State, except as provided in sections 12 and 18 
hereof. For the purpose of this act the words dependent child and 
neglected child shall mean any male child under the age of seventeen 
years or any female child under the age of eighteen years who for 
any reason is destitute, homeless or abandoned; or dependent u^jon 
the public for support; or has not the proper parental care or guard- 
ianship; or who habitually begs or receives alms; or who is found liv- 
ing in any house of ill-fame or with any vicious or disreputable per- 
son; or whose home by reason of neglect, cruelty or depravity, on the 
part of its parents, guardian or any other person in whose care it may 
be, is an unfit place for such a child; and any child under the age of 
ten (10) years who is found begging, peddling or selling any article or 
singing or playing any musical instrument upon the street or giving 
any public entertainment or who accompanies or is used in aid of any 
persons so doing. 

The words delinquent child shall include any male child under the 
age of seventeen years or any female child under the age of eighteen 
years who violates any law of this State or any city or village ordi- 
nance; or who is incorrigible; or who knowingly associates with 
thieves, vicious or immoral persons; or who, without just cause and 
without the consent of its parents or custodian, absents itself from its 
home or i^lace of abode, or who is growing up in idleness or crime; or 
who knowingly frequents a house of ill-repute; or who knowingly fre- 
quents any policy shop or place where any gaming device is op- 
erated; or who frequents any saloon or dram shop where intoxicating 
liquors are sold; or who patronizes or visits any public pool room or 
bucket shop; or who wanders about the streets in the night time 
without being on any lawful business or occupation; or who habitu- 
ally wanders about any railroad yards or tracks or jumps or attempts 
to jump onto any moving train; ©renters any car or engine without 
lawful authority ; or who habitually uses vile,obscene, vulgar, profane or 
indecent language ; or who is guilty of immoral conduct in any public 
place or about any school house. Any child committing any of the 
acts herein mentioned shall be deemed a delinquent child and shall 
be proceeded against as such in the manner hereinafter provided. A 
disposition of any child under this act or any evidence given in 
such cause, shall not in any civil, criminal or other cause or proceed- 
ing whatever in any court be lawful or proper evidence against such 
child for any purpose whatever, except in subsequent cases against 
the same child under this act. The word ''child" or "children" may 
be held to mean one or more children, and the word parent or parents 
may be held to mean one or both parents, when consistent with the 
intent of this act. The word '"association" shall include any corpora- 
tion which includes in its purposes the care or disposition of children 
coming within the meaning of this act. 

§ 4. Petition to the court.] Any reputable person being a 
resident of the county, having knowledge of a child in his county who 
appears to be either neglected, dependent or delinquent, may file with 
the clerk of a court having jurisdiction of the matter, a petition in 



154 COURTS. 



writing, setting forth the facts verified by affidavit. The petition 
shall set forth the name and residence of each parent, if known, and 
if both are dead or the residents [residence] unknown, then the name 
and residence of the legal guardian, if known, or if not known, then 
the name and residence of some near relative if there be one and his 
residence known. It shall be sufficient that the affidavit is upon 
information and belief. 

§ 5. Summons.] Upon the filing of the petition, a summon [sum- 
mons] shall issue requiring the person having custody or control of 
the child or with whom the child may be, to appear with the child at 
a place and time stated in the summons, which time and place shall 
not be less than twenty-four hours after service. The parents of the 
child, if living and their residence is known to the petitioner, or its 
legal guardian, if one there be, and his residence is known to the 
petitioner, or, if there is neither parent nor guardian, or if his or her 
residence be not so known, then some near relative, if his residence 
be known to the petitioner, shall be notified of the proceedings, and 
in any case the judge may appoint some suitable person to act in 
behalf of the child. Summons and notice may be served by the 
sheriff or by any duly appointed probation officer, either by reading 
the same to the person or persons to be served or by delivering a co^Dy 
thereof to such person or persons or by leaving a copy thereof at his 
usual place of abode, if stated in the petition or known, with some 
person of his family of the age of ten years or upwards and informing 
such person of the contents thereof. The return of such summons 
and notice with endorsement of service by the sheriff or probation 
officer in accordance herewith shall be sufficient proof thereof. If 
the person summoned as herein provided shall fail without reasonable 
cause to appear and abide the order of the court or bring the child he 
may be proceeded against as in case of contempt of court. In case 
the summons cannot be served or the party fails to obey the same, 
and in any case when it shall be made to appear to the court that 
such summons will be ineffectual a w^arrant may issue on the order 
of the. court either against the parent or guardian or the person hav- 
ing the custody of the child or with whom the child may be or against 
the child itself. On return of the summons or other process or on the 
appearance of the child with or without summons or other process in 
person before the court and on the return of the service of notice if 
there be any person to be notified, or the personal appearance or 
written consent to the proceedings of the person or persons, if any, to 
be notified, or as soon thereafter as may be, the court shall proceed 
to hear and dispose of the case in a summary manner. Pending the 
final disposition of the case the court may order the child to be re- 
tained in the possession of the person having charge of the same or 
any other person, or to be kept in some suitable place provided by 
the city or county authorities. 

§ 7. When any male child under the age of seventeen years or any 
female child under the age of eighteen years shall be foUnd to be de- 
pendent or neglected within the meaiung of this act the court may 
make an order committing the child to the care of some suitable State 



COURTS. 155 



instiution or to the care of some reputable citizen of good moral char- 
acter, or to the care of some training school or industrial school, as 
provided by law, or to the care of some association willing to receive 
it, embracing in its objects the purpose of caring for or obtaining 
homes for neglected or dependent children, which association shall 
have been accredited as hereinafter provided. The court may when 
the health or condition of the child require it, cause the child to be 
placed in a public hospital or institution for treatment or special care 
or in a private hospital or institution which will receive it for like 
purpose without charge. 

§ 9. Disposition of delinquent childeen.] In the case of a 
delinquent child the court may continue the hearing from time to 
time, and may commit the child to the care or custody of a probation 
officer, or any other person, or may allow said child to remain in its 
own home, subject to the visitation of the probation officer, such child 
to report to the probation officer as often as may be required; or the 
court may cause the child to be placed in a suitable family home, 
subject to the friendly supervision of a probation officer and the fur- 
ther order of the court; or it may authorize the child to be boarded 
out in some suitable family home, in case provision is made by vol- 
untary contribution or otherwise for the payment of the board of such 
child until a suitable provision may be made for the child in a home 
without such payment; or the court may commit such child, if a boy, 
to a training school for boys, or if a girl to an industrial school for 
girls, or the court may commit the child to any institution in the 
county incorporated under the laws of this State that may care for 
delinquent children or that may be provided by a city or county suit- 
able for the care of such children or to any State institution which 
may be established for the care of delinquent boys, or, if a girl over 
the age of ten years, to the State Home for Female Juvenile Offend- 
ers, or the court may commit the child to the care and custody of 
some association that will receive it, embracing in its objects the care 
of neglected or dependent children and that has been duly accredited 
as hereinafter i3rovided. In no case shall a child be committed to an 
institution beyond the age of twenty-one years. A child committed 
to such an institution shall be subject to the control of the board of 
managers thereof and the said board shall have power to parole such 
child on such conditions as it may prescribe. Every child who shall 
have been adjudged delinquent whether allowed to remain at home or 
placed in a home or committed to an institution shall continue to be a 
ward of this court until such child shall have been discharged as such 
ward by order of court or shall have reached the age of twenty-one years, 
and such court may during the period of wardship cause such child to be 
returned to the court for further or other proceedings, including parole 
or release from an institution: Provided, however, that notice of all 
applications to the court for such parole or release shall be given to 
the superintendent of such institution at least 10 days before the time 
set for the hearing thereof, or the consent in writing of such superin- 



156 COURTS. 



tendent to such parole or release shall be filed. The court may, how- 
ever, in its discretion cause such child to be proceeded against in ac- 
cordance with the laws that may be in force governing- the commission 
of crime. 

§ 10. TRA^;sFER from justice and police magistrates.] When 
in any county where a court is held as provided in section 3 of this 
act, a male child under the age of seventeen years or a female child 
under the age of eighteen years is arrested with or without warrant 
such child may, instead of being taken before a justice of the peace or 
jjolice magistrate, be taken directly before such court; or if the child 
is taken before a justice of the i^eace or police magistrate,. it shall be 
the duty of such justice of the peace or police magistrate to transfer 
the case to such court, and the officer having the child in charge to 
take the child before such court, and, in any case the court may pro- 
ceed to hear and dispose of the case in the same manner as if the 
child had been brought before the court upon petition as herein pro- 
vided. In any case, the court shall require notice to be given and in- 
vestigation to be made as in other cases under this act, and may ad- 
journ the hearing from time to time for that purpose. 

§ 20. Nothing in this act shall be construed to repeal any portion 
of the act to aid industrial schools for girls, the act to provide for an 
aid training school for boys, the act to establish the Illinois State Re- 
formatory, or the act to provide for a State Home for Juvenile Female 
Offenders, and in all commitments to said institutions, the acts in ref- 
erence to said institutions may govern the same, except that in com- 
mitments to the State Home for Juvenile Female Offenders at Geneva, 
Illinois, either this act or the acts in reference to said institution shall 
govern the same and in all proceedings and papers, said institution 
may be designated as a ''State Training School for Girls," and such 
designation shall be taken and held to have the same legal effect as if 
the name "State Home for Juvenile Female Offenders" were used 
therein. 

Approved May 16, 1905. 



CUUETS. 



157 



MUNICIPAL COURT OF CHICAGO. 
Style of court prescribed. 
Jurisdiction of court— all cases classified. 



§1. 

§2. 

§ 3. Forms and pleadings in different classes 
of cases. 

§ i. Court to be held in five districts— bound- 
aries of districts prescribed— additions 
to number and change of boundaries 
provided for. 

§ 5. When court shall be held. 

§ 6. Seals— payment for s^me. 

§ 7. Books and stationery— how furnished. 

§8. Number of judges— duties of presiding 
judge — duties of chief justice— duties 
of associate judge— vacations— branch 
court, first district— monthly meetings 
— salaries fixed— how paid. 

§ 9. Election of judges— terms of office— vac- 
ancies. 

§ 10. Eligibility to judgeship. 

§ 11. Form of oath where filed. 

§ 12. Number of judges— how increased. 

§ 13. Interchanges authorized. 

§ 14. Clerk of court— election— duties— salary. 

§ 15. Deputy clerks— appointment — salary- 
duties— bond. 

§ 16. Bailiff— election— duties — salary— how 
paid. 

§ 17. Deputy bailiffs— appointment — duties— 
oath— bond— salary. 

§ 18. Fees and gratuities prohibited— penalty. 

§ 19. Practice to follow that of circuit courts- 
appeals and writs of errors. 

S 20. Additional rules of practice— how adopt- 
ed—approval of supreme court. 

§ 21. No stated terms— court always open- 
vacation of decrees. 

§ 22. Review of final orders in cases of 1st, 
2d and 3d classes. 

I 23. Review in cases of 4th aud 5th classes- 
writs of error— how prosecuted. 

§ 24. Cases transferred from other courts — 
duty of State's attorney in criminal 

cases. 

§ 25. Petit jurors— how provided— payment- 
number. 
§ 26. Jurors— interrogation— qualification. 

§27. Criminal cases— how prosecuted by in- 
formation. 



§28. Cases of 1st class— how commenced and 
prosecuted— exceptions. 



§ 29. Cases of 4th and 5th classes— how brought 
and prosecuted. 

§ 30. Cases tried without jury. 

§ 31. Trial by jury— challenge of jurors— ex- 
amination of jurors. 

§ 32. Interrogatories in civil actions. 

§ 33. Testimony of parties in interest. 

§ 34. Change of venue. 

§ 35. Orders of court— where signed. 

§ 36. Court calendars. 

§ 37. Charges to jury may be oral or written. 

§ 38. Bill of exceptions— failure to take formal 
exception — original bill in lieu of cer- 
tified COP.V. 

§ 39. Change of venue in certain cases regu- 
lated. 

§ 40. Practice regulated in certain cases— prae- 
cipe and bill of particulars. 

§ 41. Summons to defendant— form, etc. 

§ 42. Summons— how served. 

§ 43. Return of summons— default— call of 
cases. 

§44. Certain blank forms to be furnished by 
clerk of court. 

§ 45. Fixing time of trial. 

§46. Amendments. 

§ 47. Postponements. 

§ 48. Practice in attachment, etc— exceptions. 

§ 4y. Practice in <??/(7.f; criminal cases— excep- 
tions. 

§ 50. Bail— bail bond— deposit of money in 
lieu of bail. 

§ 51. Rules of procedure in cases unprovided 
for by act. 

§■52. Presumptions of jurisdiction. 

§ 53. Payment of judgments— satisfaction. 

§ 54. Judicial notice— city. State and Federal 
laws. 

§ 55. Masters in Chancery. 

§ 56. Costs in cases of 1st, 2d, 4th and 5th 
classes fixed. 

§ o7. Costs in criminal and quasi criminal 
cases fixed. " • 



158 



COUETS. 



§ 63. Orders, judgrnents and decrees— force 
and effect in certain cases. 

§64. Other judgments. 

§6.5. Terms of justices — proviso. 

§ 66. Validity of act considered. 

§67. Adoption of act. 

Approved May 18, 1905. 



§ 58. Costs in city cases— clerk's and bailifT's 
fees. 

§ 59. Further fees fixed. 

§ 60. Justices and constables— offices abol- 
ished. 

§61. Justices' dockets, how disposed of— 
pending cases. 

§62. Supervision of court reco'ds by chief 
justice. 

An Act in relation to a municipal court in the city of Chicago. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in tlie General Assembly: That there shall be estab- 
lished in and for the city of Chicago a municipal court which shall 
be styled "The Municipal Court of Chicago," hereinafter designated 
and referred to as the Municii^al Court and the jurisdiction of which 
shall be exercised in the manner hereinafter prescribed by branch 
courts, each of which shall exercise all the powers in this act declared 
to be vested in the Municipal Court: 

§ 2. That said Municipal Court shall have jurisdiction within the 
city of Chicago, in the following cases: 

First. All actions on contracts, express or implied, when the 
amount claimed by the plaintiff exceeds one thousand dollars ($1,000) 
and all actions for the recovery of personal proijerty or for the recov- 
ery of damages for the conversion of an injury to personal property 
wdien the value of the property on [or] the amount of damages sought 
to be recovered, as claimed by the plaintiff, exceeds one thousand dol- 
lars ($1,000) and which, for convenience, will be hereinafter referred 
to and designated as cases of the first class. 

Second. All suits of every kind and nature, whether civil or crim- 
inal, or whether at law or in equity, which may be transferred to it 
by change of venue, or otherwise, by the circuit court of Cook county, 
or by the superior court of Cook county, or by the criminal court of 
Cook county, for trial and disposition and which, for convenience, 
will be hereinafter designated and referred to as cases of the second 
class. 

Third. All criminal cases in which the punishment is by fine or 
imi^risonment otherwise than in the penitentiary, and wdiich, for con- 
venience, will be hereinafter designated and referred to as cases of 
the third class. 

Fourth. All those classes of suits and proceedings, whether civil 
or quasi criminal, of which justices of the peace are now given juris- 
diction by law. in all of which classes of suits and j)roceedings said 
Municipal Court shall have jurisdiction when the amount sought to 
be recovered, whether by way of damages, penalty, or otherwise, if 
the suit or proceeding be for the recovery of money only, or the value 
of the personal property claimed, if the suit or proceeding be brought 
for the recovery of personal i^roperty, does not exceed one thousand 
dollars ($1,000): Provided, however, that in any action upon a bond 
the amount sought to be recovered thereon and not the j^enalty of 



COURTS. 159 

the bond shall determine the jurisdiction, and that when payments 
are to be made by installments, an action may be brought in the Mu- 
nicipal Court for any installment not exceeding one thousand dollars 
($1,000) as it becomes due, and which, for convenience, will be here- 
inafter designated and referred to as cases of the fourth class. 

Fifth. All other suits at law, for the recovery of money only, when 
the amount claimed does not exceed one thousand dollars ($1,000), and 
which, for convenience, will be hereinafter designated and referred to 
as cases of the fifth class. 

§ 3. That in all cases of the first class and in all cases of the sec- 
ond class the issues shall be made up in said court by the same forms 
of pleadings, as near as may be, in use in similar cases in the circuit 
courts ; that all cases of the third class shall be prosecuted by com- 
plaint or by information in accordance with such rules as may be 
hereinafter prescribed or provided for, or in cases not herein other- 
wise provided for, by such rules of practice as may be prescribed by 
law for similar cases in the criminal court of Cook county or before 
justices of the peace; and that in all cases of the fourth class and in 
all cases of the fifth class the issues shall be determined without other 
forms of written pleadings than those hereinafter expressly prescribed 
■or provided for. 

§ -l That said court shall be held in districts, which until other- 
wise provided, shall be five in number and their territorial limits shall 
be as follows: 

Of the First District the territorial limits shall be the territory 
bounded on the east by Lake Michigan, on the north by the city 
limits, on the west by the center line of Western avenue from the city 
limits on the north to the center line of Fifty-fifth street, thence on 
the south by the center line of Fifty-fifth street to the center line of 
State street, thence on the west by the center line of State street to 
the center line of Sixty-third street, thence on the south by the center 
line of Sixty-third street to the center line of Cottage Grrove avenue, 
thence on the west by the center line of Cottage Grove avenue to the 
center line of Seventy-first street, and thence on the south by the 
center line of Seventy-first street to Lake Michigan, and such terri- 
tory shall be known as the First District. 

Of the Second District the territorial limits shall be the territory 
bounded on the south by the city limits, on the east by the city limits 
and Lake Michigan, on the north by the center line of Seventy-first 
street, and on the west by the center line of Cottage Crove avenue, 
and such territory shall be known as the Second District. 

Of the Third District the territorial limits shall be the territory 
bounded on the west and south by the city limits, on the east by the 
center line of Cottage Grove avenue from the city limits on the south 
to the center line of Sixty-third street, thence on the north by the 
center line of Sixty-third street to the center line of State street, 
thence on the east by the center line of State street to the center line 
of Fifty-fifth street, thence on the north by the center line of Fifty- 
fifth street to the city limits on the west, and such territory shall be 
known as the Third District. 



160 COURTS. 



Of the Fourth District the territorial limits shall be the territory 
bounded on the south by the center line of Fifty-fifth street, on the 
east by the center line of Western avenue, on the north by the center 
line of Lake street and on the west by the city limits, and such terri- 
tory shall be known as the Fourth District. 

Of the Fifth District the territorial limits shall be the territory 
bounded on the south by the center line of Lake street, on the east by^ 
the center line of Western avenue, and on the north and west by the 
city limits, and such territory shall be known as the Fifth District. 

The number and boundaries of the districts may be changed, from 
time to time, by orders signed by a majority of the judges of the mu- 
nicipal court, and spread upon the records thereof, which orders shall 
be published for three succsssive weeks, once in each week, in some 
newspaper of general circulation in the city of Chicago, and which 
shall take efPect respectively within thirty days after the last publi- 
cation thereof: Provided, however, no such change in the number 
or boundaries of districts shall become effective unless the order there- 
for shall have been approved by the city council of the city of Chi- 
cago. As many branch courts shall be held in each district as may be 
determined by the chief justice of said municipal court to be neces- 
sary for the prompt and proper disposition of the business of said 
court: Provided, however, that at least one branch court shall be 
held in each district. Such branch courts may be given such desig- 
nation by numbers or otherwise as may be determined by the chief 
justice. 

§ 5. ■ That said branch courts shall be held at such places in said 
city of Chicago as may be provided for that purpose by the corporate 
authorities thereof. If no place be provided by the corporate author- 
ities of said city for the holding of any branch court, or if the place 
so iDrovided become unfit, said branch court may, by an order signed 
by the majority of the judges of said municipal court, and entered 
upon the records of said branch court, adjourn to or convene at a 
suitable place for holding said branch court, procured for that pur- 
pose by said judges, within the district in which the same is located 
and at such place may hold said branch court, until a suitable place 
therefor be furnished by said corporate authorities, 

§ H. That said court shall have seals for each district and may 
from time to time, as may be necessary, renew the same. The ex- 
pense of said seals and renewing the same shall be paid by the city 
of Chicago. 

§ 7. That all blanks,' books, papers, stationery and furniture neces- 
sary to the keeping of the records of the proceedings of such munici- 
pal court, and the transaction of the business thereof, shall be fur- 
nished the officers of such court at the expense of the city. All other 
expenditures on account of such court which may be authorized by the 
city council, and which are not specifically mentioned in this act, shall 
be paid out of the city treasury. 



COURTS. 161 



§ 8. That said municipal court shall consist of twenty-eight (28) 
judges, one of whom shall be chief justice and the remaining twenty- 
seven (27) of whom shall be associate judges. Each branch court 
shall be presided over by a single judge of the municipal court. The 
chief justice, in addition to the exercise of all the other powers of a 
judge of said court, shall have the general superintendence of the 
business of said court; he shall preside at all meetings of the judges, 
and he shall assign the associate judges to duty in the branch courts, 
from time to time, as he may deem necessary for the prompt dis^Dosi- 
tion of the business thereof, and it shall be the duty of each associate 
judge to attend and serve at any branch court to which he may be so 
assigned, but the chief justice shall only assign such number of 
judges to the trial and dispostion of cases of the first class and cases 
of the second class mentioned in section two (2) of this act from time 
to time, as may not be needed for the prompt disposition of the other 
business of the court. The chief justice shall also superintend the 
preparation of the calendars of cases for trial in said court and shall 
make such classification and distribution of the same u^wn different 
calendars as he shall deem proper and expedient. Each associate 
judge shall at the commencement of each month make to the chief 
justice, under his official oath, a report in writing of the duties per- 
formed by him during the preceding month, which report shall specify 
the number of days" attendance in court of such judge during such 
month, and the branch courts upon which he has attended, and the 
number of hours per day of such attendance, for which the chief jus- 
tice shall cause suitable blanks to be prepared and furnished to 
the associate judges. Each judge shall be entitled to vacations, 
which shall not exceed thirty-six days in all in any one year and 
which shall be taken at such times as may be determined by the chief 
justice. The chief justice must give his attention faithfully to the 
discharge of the duties especially pertaining to his office and to the 
performance of such additional judicial work as he may be able to 
perform. Each associate judge must perform his share of the labors 
and duties appertaining to the office. At least one associate judge 
must be in attendance in one branch court in each district, six hours 
of each day, except Sunday, a public holiday, or a day upon which 
the inhabitants of the city of Chicago generally refrain from business, 
and each associate judge, while in the court room or in chambers, and 
not actually engaged in the performance of other official duties, must 
act iipon any ajDplication for his official action, properly made to him. 
One branch court in the first district shall be kept open, and at least 
one judge assigned for that purpose by the chief justice, shall be in 
attendance thereat, each day, excepting Sunday or a public holiday, 
from nine o'clock a. m. to ten o'clock p. m., excepting two hours' in- 
termission, for the transaction of such business as may come before 
it. It shall be the duty of the chief justice and the associate judges 
to meet together at least once in each month, excepting the month of 
August, in each year, at such hour and place as may be designated by 
the chief justice, and at such other times as may be required by the 

—11 L 



162 COURTS. 



chief justice, for the consideration of such matters pertaining to the 
administration of justice in said court as may be brought before them. 
At such meetings they shall receive and investigate, or cause to be 
investigated, all complaints presented to them pertaining to the said 
court, and to the officers thereof, and shall take such stejDS as they 
deem necessary or proper with respect thereto, and they shall 
have power and it shall be their duty to adopt or cause to be adopted 
all such rules and regulations for the proper administration of justice 
in said court as to them may seem expedient. The salary of the 
chief justice shall be seven thousand five hundred dollars ($7,500) per 
annum, and the salary of an associate judge shall be six thousand 
dollars ($6,000) per annum, payable in monthly installments out of 
the city treasury. 

§- 9. That the chief justice and the associate judges of the Muni- 
cipal Court provided for in the preceding section shall be elected on 
the first Tuesday after the first Monday of November, A. D. 1906; that 
the chief justice shall hold his office for the term of six (6) years and 
until his successor shall be elected and qualified; that of the said as- 
sociate judges so to be elected nine (9) shall be elected for the term 
of two (2) years; nine (9) for the term of four (1) years, and nine (9) 
for the term of six (6) years and until their resi^ective successors shall 
be elected and qualified, and on the first Tuesday after the first Mon- 
day of November, A. D. 1908, and on the first Tuesday after the first 
Monday of November of every sixth year thereafter, and on the first 
Tuesday after the first Monday of November, A. D 1910. and on the 
first Tuesday after the first Monday of November every sixth year 
thereafter there shall be elected nine (9) associate judges of said 
Municipal Court and on the first Tuesday after the first Monday of 
November, A. D. 1912, and every sixth year thereafter there shall be 
elected a chief justice and nine (9) associate judges of said Municipal 
Court as successors in office of the chief justice and associate judges 
of the Municipal Court by this act required to be elected, each of 
whom shall hold his office for the term of six ( 6 ) years and until his 
successor shall be elected and qualified. The judges so required to 
be elected shall enter upon the discharge of their duties on the first 
Monday of December following their election. Vacancies in the office 
of chief justice or associate judge of the Municipal Court shall be 
filled by election at the regular municipal, judicial or other general 
election which shall occur next after a period of thirty ( 30 ) days from 
the time such vacancy [vacancies] respectively occur, but where the 
unexpired term does not exceed one year, the vacancy shall be filled 
by apiDointment by the Governor. Whenever a vacancy occurs in the 
office of chief justice, or whenever the chief justice shall be absent 
from the city of Chicago, or incapacitated from acting, the associate 
judges shall select one of their number to act as chief justice until 
such vacancy shall be filled by election or apiDointment as above pro- 
vided for, or until the return of the chief justice, or until his inca- 
pacity ceases. 



COURTS. 163 



§ 10. That no person shall be eligible to the office of chief justice 
or of associate judge of the municipal court unless he shall be at least 
thirty years of age and a citizen of the United States, nor unless he 
shall have resided in the county of Cook and been there engaged, 
either in active practice as an attorney and counsellor at law or in the 
discharge of the duties of a judicial office, five years next preceding 
his election, or in one of said occupations during a portion of said 
time and in the other the remaining portion thereof, and shall, at the 
time of his election, be a resident of the city of Chicago. 

§ 11. That every chief justice and associate judge of such mun- 
icijjal court, before he enters upon the duties of his office, shall take 
and subscribe the following oath or affirmation: 

I do solemnly swear (or affirm, as the case may be) that I will sui)- 
port the Constitution of the United States and the Constitution of 
the Sta,te of Illinois, and that I will faithfully discharge the duties of 
the office of chief justice (or associate judge) of the Municipal Court 
of Chicago according to the best of my ability. 

Said oath shall be filed in the office of the Secretary of State. 

§ 12. That whenever two-thirds in number of the judges of the 
municipal court shall transmit to the city council of the city of 
Chicago a certificate signed by them that in the opinion of said judges 
the business of said municipal court is such as to require an increase 
in the number of the associate judges of said municipal court, said 
city council may, by ordinance or ordinances, provide for an increase 
of not more than nine in the number of said judges, who shall be elected, 
one-third for two years, one-third for four years and one-third for six 
years, at the next ensuing general election. The judges elected in 
accordance with such ordinance or ordinances shall hold their offices 
for the said respective periods for which they shall have been elected 
and until their successors shall be elected and qualified, and every 
two years thereafter their respective successors shall be elected for 
the full term of six years. But, after the number of associate judges 
has been increased to thirty-six (86) no subsequent increase thereof 
shall be made by the city council. 

§ 13. That the judges of said municipal court may interchange 
with judges of other city courts, and with county judges, and said 
respective judges may hold court for each other and perform each 
other's duties when they find it necessary or convenient. 

§ 1-1. That there shall be a clerk of said municipal court, whose 
term of office shall be six years and until his successor shall be elected 
and qualified and who shall be elected on the first Tuesday after the 
first Monday of November. A. D. 190(5. and every six years thereafter. 
He shall perform w4th respect to said municipal court, the duties 
usually performed by clerks of courts of record. He shall give his 
personal attention to the performance of the duties of his office. He 
shall maintain an office in each district and each office shtdl be kept 
open for the transaction of business from eight o'clock a. m. to six 
o'clock p. m. of each working day during the year. Until otherwise 
provided by the rules which may be adopted under the jDrovisions of 
this act, the powers, duties and liabilities, the oath of office and the 



If54 COURTS. 



bond and conditions thereof of such clerk shall be the same, as near 
as may be, as those prescribed by law for clerks of courts by the act 
entitled "An act to revise the law in relation to clerks of courts," ap- 
proved March 25, 1874, and in force July 1, 1874. His salary shall 
be five thousand dollars ($5,000) per annum, and shall be paid in 
monthly installments out of the city treasury. He shall be commis- 
sioned by the Governor. 

§ 15. That said clerk shall ap^Doint such number of deputies as 
may be determined, from time to time, by a majority of the judges of 
the municipal court by orders signed by them and spread upon the 
records of said court. At least one deputy clerk shall be assigned to 
duty in each branch court. The salaries of deputy clerks shall be 
fixed, from time to time, by orders signed by a majority of the judges 
of the municipal court and spread upon the records of the coiart, and 
shall be payable out of the city treasury in monthly installments: 
Provided. hoirevei\ that the salary of the chief deputy clerk shall 
not exceed two thousand five hundred dollars ($2,500) per annum, 
and that the salary of no other deputy clerk shall exceed eighteen 
hundred dollars ($1,800) per annum. Such number of deputy clerks 
so appjointed as the judges may deem necessary shall be competent 
shorthand reporters, capable of correctly taking down stenographi- 
cally and transcribing the proceedings of courts, and shall perform 
such duties with respect to attending upon and taking down stenog- 
raphic reports of the proceedings of said court as may be required by 
the judges, and for making and furnishing transcripts of their sten- 
ographic reports aforesaid said deputy clerks shall be allowed to make 
such reasonable charge, not exceeding fifteen cents per each one hun- 
dred words, to the parties to whom such transcripts are furnished, as 
may be determined by the judges, and the judges may allow said dep- 
uty clerks to retain, as additional compensation for their services 
one-half of the charges so collected, the balance of such charges to be 
accounted for by such deputy clerks in the same manner as costs col- 
lected by them. Such deputy clerks shall take the same oath or 
affirmation required of the clerk of said municipal court and shall 
give bonds to be approved by the chief justice of said court, con- 
ditioned, as near as may be, like the bond required of the clerk. Any 
deputy clerk shall be subject to removal at any time by an order 
signed by a majority of the judges of the municipal court and spread 
upon the records of said court. The. number of deputy clerks may be 
reduced at any time by an order signed by a majority of the judges 
of said municipal court and spread upon the records of said court. It 
shall be the duty of deputy clerks to render to parties to suits in cases 
of the fourth class and in cases of the fifth class mentioned in section 
two ( 2 ) of this act, such assistance and give them such information as 
may enable them to properly commence suits or to enter their appear- 
ances when sued, which duty shall be regulated and defined by in- 
structions to be prepared by the chief justice. 

§ 1(3. That there shall be a bailiff of said municipal court whose 
term of ofiice shall be six years and until his successor shall be elected 



COURTS. • 165 



and qualified and who shall be elected on the first Tuesday after the 
first Monday of November, A. D. 1906, and every six years thereafter. 
He shall perform, with respect to said municipal court, the duties 
usually performed by sheriffs in respect to attendance uison, and serv- 
ice and execution of the jjrocess, and obedience of the lawful orders 
•and. directions of. a circuit court. He shall give his personal atten- 
tion to the performance of the duties of his office. He shall maintain 
an office in each district and each ofiice shall be kept open in each 
district for the transaction of business from 8 : 00 o'clock a. m. to 6:00 
o'clock p. m. of each working day during the year. Until otherwise 
provided by the rules which may be adopted under the provisions of 
this act, the powers, duties and liabilities, the oath of office, and the 
bond and conditions thereof of such bailiff* shall be the same, as near 
as may be, as those prescribed by law for sheriffs with respect to at- 
tendance upon, and service and execution of the process, and obedi- 
ence of the lawful orders and directions of, a circuit court. His sal- 
ary shall be five thousand dollars ($5,000) per annum and shall be 
paid in monthly installments out of the city treasury. He shall be 
commissioned by the Governor. 

§ 17. That said bailiff* shall api^oint such number of deputies as 
may be determined, from time to time, by a majority of judges of 
the municipal court by orders signed by them and spread upon the 
records of said court. At least one depiity bailiff* shall be assigned to 
duty in each branch court. The salaries of deputy bailiff*s shall be 
fixed, from time to time by orders signed by a majority of the judges 
of the municipal court and spread iipon the records of the court and 
shall be payable out of the city treasury in monthly installments: 
Provided, however, that the salary of the chief deputy bailiff shall 
not exceed two thousand five hundred dollars ($2,500) per annum, 
and that the salary of no other deputy bailiff shall exceed fifteen hun- 
dred dollars ($1,500) j3er annum. Such deputy bailiff*s shall take 
the same oath or affirmation required of the bailiff' of said municipal 
court and shall give bonds to be approved by the chief justice of said 
court conditioned, as near as may be, like the bond required of the 
bailiff*. The bailiff" and deputy bai]iff*s of the municipal court shall 
be ex officio police officers of the city of Chicago. Any deputy bailiff 
shall be subject to removal at any time by an order signed by a ma- 
jority of the judges of the municipal court and sjaread upon the records 
of said court. The number of deputy bailiff's may be reduced at any 
time by an order signed by a majority of the judges of said municipal 
court and spread upon the records of said court. Every police officer 
of the city of Chicago shall be ex officio a deputy bailiff of the muni- 
cipal court, and shall perform, from time to time, such duties in 
respect to criminal and quasi criminal cases, including cases pertain- 
ing to alleged violation of city ordinances pending in said court, as 
may be required of him by said court or any judge thereof. 

§ 18. That neither the clerk nor the bailiff* nor any deputy clerk 
or deputy bailiff' of said municipal court shall receive, aside from the 
salary and the costs by this act required to be paid to him in his 



166 . " COUKTS. 



official capacity, any money, property, or other valuable thing, as a 
gratuity or otherwise for the performance of any duty imposed upon 
him by virtiie of his office, or for the performance of any work of any 
kind or character in any manner connected therewith. It shall be the 
duty of the judges of said municipal court to remove from office any 
dej)uty clerk or deputy bailiff who shall violate either of the provisions 
of this section. No clerk or bailiff, or deputy clerk or deputy bailiff, 
of the municipal court shall be appointed receiver or guardian ad liti^m 
in any suit therein pending. 

§ 19. That until otherwise determined in the manner hereinafter 
provided, and except as by this act is otherwise prescribed, the j)ractice 
in the municipal court shall be the same, as near as may be, as that 
which is now prescribed by law for similar suits or proceedings in 
circuits courts, excepting that in cases of the fourth class and cases 
of the fifth class mentioned in section two (2) of this act the issues 
shall be determined without other forms of written pleadings than 
those hereinafter expressly prescribed or provided for. Said munici- 
pal court shall be the sole judge of the applicability to the proceed- 
ings of said court of the rules of practice prescribed by law for similar 
cases in the circuit courts and its decisions in respect thereto shall 
not be subject to review upon appeal or writ of error: Provided, 
however, that upon appeal or writ of error the Supreme Court or 
the appellate court, as the case may be, may grant relief from any 
such decision in any case where, in the opinion of the Supreme Court 
or appellate court, such relief is necessary to prevent a failure of jus- 
tice. 

§ 20. That the judges of said municipal court shall have power to 
adopt, in addition to or ia lieu of the provisions herein contained 
prescribing the practice in said municipal court or of any portion or 
portions of said provisions, such rules regulating the practice in said 
court as they may deem necessary or expedient for the proper admin- 
istration of justice therein. The adoption of said rules shall be 
accomplished by an order signed by a majority of said judges, 
which order, when made, shall be forthwith spread upon the records of 
the municipal court and shall be printed in jjamphlet form at the 
expense of the city: Provided. Jwirever, that no such rule or rules 
so adopted shall be inconsistent with those expressly provided for by 
this act, nor shall they become effective and be in force until after 
the lapse of thirty (30) days from the approval thereof by the 
Supreme Court. Application to the Supreme Court for such 
approval may be made by the chief justice of the municipal court, 
after notice of such application shall have been published once each 
week for three consecutive weeks, in some newspaper of general 
circulation published in the city of Chicago, specifying the time at 
which such application shall be made. Upon such application the 
Supreme Court shall review the said rule or rules so adopted and may 
either confirm the order adopting the same or may modify or set 
aside the same, and the Supreme Court may, in its discretion, sub- 
stitute for the rule or rules so adopted by said judges of said munici- 
pal court, or for any portion thereof, such other rules as the Supreme 



COUETS. 167 



Court may deem proper, and may, in its discretion, of its own motion 
or otherwise, make any order respecting the rules of said municipal 
court which it may deem proper. The Supreme Court and the 
Appellate Courts, in cases brought to them from the municipal court 
by appeal or writ of error, shall take judicial notice of tlie rules of 
practice from time to time in force in said municipal court. 

§ 21, That there shall be no stated terms of the municipal court 
but said court shall always be open for the transaction of business. 
Every judgment, order or decree of said court, final in its nature, 
shall, for the period of thirty days after the entry thereof, be subject. 
to be vacated, set aside or modified, in the same manner and to the 
same extent as a judgment, decree or order of a circuit court during 
the term at w^hich the same was rendered in such circuit court. 
After the lapse of thirty days any such judgment, decree or order 
shall not be vacated, set aside or modified, excepting upon appeal or 
writ of error, or by bill in equity: Provided, however, that all errors 
in fact in the proceedings in such case, which could have been cor- 
rected at common law by the writ of error coram nobis, may be 
corrected by motion, or the judgment may be set aside in the manner 
provided by law for similar cases in the circuit courts. 

§ 22. That the final orders, judgments and decrees of the munici- 
pal court in cases of the first class, cases of the second class and cases 
of the third class mentioned in section two (2) of this act, may be 
reviewed, upon error or appeal, by the Supreme Court in all criminal 
cases above the grade of misdemeanors, cases in which a franchise or 
freeliold, or the validity of a statute or construction of the Constitu- 
tion is involved, and in all cases relating to the revenue or in which 
the State is interested as a party or otherwise, and by the Appellate 
Court in all other cases The practice in cases of appeals from writs 
of error to said municipal court in said cases shall, exce^^t as in this 
act, or by rules of said court adopted in pursuance hereof, may be 
otherwise provided, be the same, as near as may be, as the practice in 
cases of appeal from writs of error to circuit courts in similar cases. 
But no appeal shall be allowed in any case unless the same be prayed 
for within twenty days after the entry of the order, judgment or 
decree appealed from, an [and] no assignment of error in the Supreme 
Court or in the Appellate Court in any such case shall be allowed 
which shall call in question the decision of the municipal court in 
respect to any matter pertaining to the practice in said court: Pro- 
vided, hoivever, that the Supreme Court or the Appellate Court, as 
the case may be, may grant relief from any error of the municipal 
court in respect to a matter of practice therein in any case where, in 
the opinion of the Supreme Court or Appellate Court, such relief is 
necessary to prevent a failure of justice. 

§ 23. That the final orders and judgments of the municipal court 
in cases of the fourth class and cases of the fifth class mentioned in 
section two (2) of this act, shall be reviewed by writ of error only. 
Such writ of error shall be sued out of the Supreme Court in all cases 
in which a franchise, a freehold or the validity of a statute or the 
construction of the Constitution is involved, and out of the Appellate 



168 COUETS. 



Court in all other cases. The time within which a writ of error may 
be sued out in any such case shall be limited to thirty days after the 
-entry of the final order or judgment complained of. The manner of 
prosecuting such writ of error shall be as follows: 

First — Any party to any such case against whom there has been 
rendered any final order or judgment of the municipal court and who 
shall desire to obtain a review of such final order or judgment by ap- 
peal or writ of error, may obtain from the municipal court a stay of 
execution upon such order or judgment for ninety days after the 
entry thereof by the giving of a bond with a sufiicient surety or sure- 
ties, to be approved by a judge of the municipal court, conditioned 
for the performance by such party of, or his compliance with, such 
order or judgment, or his payment of the money thereby required to 
be paid and all costs which may be awarded the opj^osite party in the 
Supreme Court or the Appelate Court, as the case may be, in case a 
writ of error to review such order or judgment shall not be sued out 
within thirty days from the date thereof, or in case, upon the suing 
out and prosecution of such writ of error, the order or judgment shall 
be affirmed by the Supreme Court or the Appellate Court, as the case 
may be. 

Second — No other or further stay of proceedings or execution in 
any such case shall be allowed by the municipal court, but the Su- 
preme Court or the AiDj^ellate Court, or any judge thereof, may allow 
a supersedeas as in other cases, but upon the allowance of any super- 
sedeas, when any bond has been given as above provided, no addi- 
tional bond shall be required and such supersedeas shall be operative 
until the final determination of such writ of error. 

Third — If, upon application to the Supreme Court or Appellate 
Court, or to any judge thereof, for a supersedeas the same shall be 
denied, such order or jiidgment shall stand afiirmed, and no further 
proceedings shall be had in said Supreme Court or Appellate Court 
with respect thereto, unless the Supreme Court or Appellate Court, 
or the judge denying such supersedeas, shall otherwise order. 

Fourth — The party in whose favor any final order or judgment has 
been entered shall be entitled to sue out a writ of error from the 
Sujjreme Court or the Aiopellate Court, as the case may be, by de- 
positing with the clerk of the court from which said writ of error is 
:sued out the sum of twenty dollars ($20) as security to the opposite 
party for such costs as may be awarded such ojoposite party by the 
'Supreme Court or the Appellate Court, as the case may be, upon the 
iinal determination of such writ of error. 

Fiftli — The party suing out any writ of error shall not be required 
to serve upon the opposite party any scire facias to hear errors, but 
in lieu thereof shall, within five days after the issuance of the writ of 
error, file the same with the clerk of the said municipal court, and 
make to the Supreme Court or the Appellate Court, as the case may 
be, proof of such filing, and such writ of error so filed shall be notice 
to the oi^posite party of the suing out and prosecution of such writ of 
•error. 



COUETS. 169 



Sixth — Upon application made at any time within sixty days after 
the entry of any final order or judgment, it shall be the duty of the 
judge by whom such final order or judgment was entered, to sign and 
place on file in the case in which the same was entered, if so re- 
quested by either of the parties to the suit, either a correct state- 
ment, to be prej)ared by the party requesting the signing of the 
same, of the facts appearing upon the trial thereof, and of all ques- 
tions of law involved in such case, and the decisions of the court upon 
said questions of law, or a correct stenographic report, the expense 
of procuring which shall be paid by the party requesting the sign- 
ing of the same, of the proceedings of the trial, as such party may 
elect, the original of which statement or stenographic report, to- 
gether with a certified transcript of the judgment, shall be certified 
to the Supreme Court or Appellate Court, as the case may be, as the 
record to be considered upon the review of such order or judgment 
by writ of error. 

Seventh — No order or judgment so sought to be reviewed shall be 
reversed unless the Supreme Court or Appellate Court, as the case 
may be, shall be satisfied from said statement or stenographic report 
signed by said judge that such order or judgment is contrary to the law 
and the evidence or that suchorderor judgment resulted from substan- 
tial errors of said municipal court directly afPecting the matters at issue 
between the parties, in which last mentioned case the Supreme Court 
or Appellate Court, as the case may be, may enter such order or jiidg- 
ment as, in its opinion, the municipal court ought to have entered, or 
it may reverse the said order or judgment and remand the case to the 
municipal court for further proceedings. 

Eicjlith — No assignment of error Tin the Supreme Court or in the Ap- 
pellate Court in any such case shall be allowed which shall call in ques- 
tion the decisions of such municipal court in respect to any matter 
pertaining to the practice in such court, nor shall any exceptions to 
the rulings and decisions of the municipal court upon the trial be 
necessary to the right of either party to a review of such rulings and 
decisions in the Supreme Court or Appellate Court upon their merits, 
but it shall be the duty of the Supreme Court or the Appellate Court, as 
the case may be, to decide such case upon its merits as they may ap- 
pear from such statement or stenographic report signed by the judge: 
Provided, hoivever, that the Supreme Court or Appellate Court, as 
the case may be, may grant relief from any error of the municipal 
court in respect to a matter of practice therein in any case where, in 
the opinion of the Supreme Court or the Appellate Court, such relief 
is necessary to prevent a failure of justice, 

§ 24. That in any case transferred to said municipal court by the 
circuit or superior court of Cook county for trial and disposition, said 
municipal court shall exercise the same powers as the court from 
which said case has been transferred might have exercised had said 
case not been so transferred. The circuit court of Cook county, or 
the superior court of Cook county, may, upon the application of either 



170 COURTS. 



party for a change of venue, and shall upon the request of both 
parties to any suit at law or in equity pending therein, transfer said 
suit to the municipal court for trial and disposition. The criminal 
court of Cook county may, in its discretion, upon the request of the 
State's attorney or of any defendant, transfer to the municipal court 
for trial and disposition any case therein pending and shall have 
power to make all orders which it may deem necessary to accomplish 
such transfer and secure the attendance of the parties and witnesses 
upon said municipal court until the final disposition of the case, and 
said municipal court, when any criminal case shall have been so trans- 
ferred to it, shall exercise all the powers with respect to the trial and 
disposition of said case which the said criminal court of Cook county 
might have exercised had said case not been so transferred. All 
judgments of conviction in criminal cases in said municipal court 
where the punishment inflicted is death or imprisonment, shall be 
carried into execution in the same manner as is provided by law in 
similar cases in said criminal court of Cook county. The prosecution 
of all criminal cases in the municipal court shall be conducted by or 
under the supervision of the State's attorney of Cook county, but in 
any case in which the State's attorney is disqualified from acting, or 
is unable to act, the court may appoint some attorney at law of Cook 
county to act as prosecuting attorney ir such case. In all cases 
transferred as aforesaid to said municipal court, the practice in re- 
spect to the trial and disposition thereof shall be the same as that 
prevailing in the respective courts from which the same have been 
transferred, unless the parties shall consent that the trial and disposi- 
tion thereof shall be governed by the rules of practice prevailing in 
said m unicipal court in cases commenced therein. 
|» _^ 25. That the petit jurors for the trial of cases in said municipal 
court shall be provided by the jury commissioners of the county of 
Cook in the same manner and from the same lists, as near as may be, 
as petit jurors are provided for the circuit, superior and criminal 
courts of Cook county. The names of the necessary number of petit 
jurors required from time to time in said municipal court shall be 
furnished by said jury commissioners upon demand to the clerk of 
the municiiDal court and the veniries for such jurors shall be directed 
to and served by the sheriff of Cook county at the expense of said 
county, and the fees of said jurors shall be paid out of the city treas- 
ury. The number of petit jurors to be summoned from time to time 
shall be determined by the chief justice. 

§ 26. That it shall be the duty of the chief justice of the munici- 
pal court to cause to be iijterrogated all petit jurors summoned for 
service in the municipal court, and to cause to be enquired into the 
qualifications of said jurors, and to reject from service as jurors all 
persons who do not appear to possess the qualifications required by 
law, and to cause the summoning of persons competent to serve as 
jurors. 



COURTS. 171 



§ 27. That all criminal cases in the municipal court in which the 
punishment is by line or imprisonment otherwise than in the peneten- 
tiary, may be prosecuted by information of the Attorney General or 
State's attorney or some other person, and when an information is 
presented by any person other than the Attorney (ieneral or State's 
attorney, it shall be verified by affidavit of such person that the 
same is true or that the same is true as he is informed and 
believes. Before an information is filed by any person other 
than the Attorney General or State's attorney, one of the judges 
of the municipal court shall examine the information and may 
examine the person presenting the same and require other evi- 
dence and satisfy himself that there is j)robable cause for 
filing the same and so endorse the same. Every information shall 
set forth the offense with reasonable certainty, substantially as re- 
quired in an indictment, and the proceedings thereon shall be the 
same, as near as may be. as upon indictment in the criminal court of 
Cook county, excepting as is by this act otherwise provided. But 
criminal cases in w^hich the punishment is by fine only not exceeding- 
five hundred dollars ($500) may, in the discretion of the court, be 
prosecuted by complaint as is provided by law for the prosecution of 
criminal cases before justices of the peace. Any person committed 
for a criminal or supposed criminal offense and not admitted to bail 
and not tried within four months after the date of arrest shall be set 
at liberty by the court, unless the delay shall happen on the applica- 
tion of the prisoner or unless the court is satisfied that due exertion 
has been made to procure the evidence on the r)art of the people and 
that there is reasonable grounds to believe that such evidence may be 
procured within the next sixty days, in which case the court may 
continue the case for such time as the court may deem necessary, not 
exceeding said sixty days: Provided, Jwirercr, that if said person be 
not tried within said sixty days no further continuance shall be 
granted and said person shall be set at liberty by the court. 

§ 28. That, until otherwise provided by the rules of the municii^al 
court, and except as is herein otherwise prescribed, cases of the first 
class mentioned iit-'section two (2) of this act shall be commenced and 
prosecuted in said municipal court in the same manner in which 
similar suits and proceedings are required to be commenced and 
prosecuted in the circuit courts, and excepting also in the following 
particulars: 

First — The summons, when the first process is a summons, or the 
writ, when the first process is a writ, shall be directed to the bailiff to 
execute and shall be returnable upon some Monday at least ten days, 
and not more than thirty days, after the date thereof. 

Second — Service of such summons or writ shall be made by deliver- 
ing a copy thereof to the defendant, if an individual, and informing 
him of the contents thereof, but if any defendant be a corporation, 
the service shall be made in the manner provided by law for similar 
cases in the circuit courts. 

Third — Notice to the defendant by publication maybe given under 
like circumstances and in the same manner as is j)rovided by law for 



172 COURTS. 



rsimilar cases in the circuit courts, but the notice published, in lieu of 
istating the time of the return of the summons or writ, shall state the 
'date on or before which the defendant is required to appear, which 
date shall be some Monday not less than forty nor more than sixty 
■days after the date of the first publication of notice, as the plaintiff 
may require. 

Fourth- —No such suit shall be commenced in the Municipal Court 
unless the defendant, if there be but one defendant, resides or is 
found within the city of Chicago, or if the defendant be a corporation 
unless its principal office is within said city, but if the defendant 
be a corporation not having a principal office in the city of Chicago, 
.such suit may be brought in the Municipal Court whenever service of 
process may be had within the city upon any officer, agent or em- 
ploye of such corporation upon whom service of process might be 
had if issued in a suit commenced in the circuit court. 

Fifth — The provisions of paragraph fourth above, shall not apply 
to attachment suits brought against non-residents of this State, 
■which suits may be brought in the Municipal Court when any 
property of the defendant is levied upon, or any garnishee resides or 
is found within the city of Chicago. 

Sixth — When there are several defendants, one of whom resides or is 
found in the city of Chicago, a summons or writ may be issued to the 
sheriff of Cook county for any defendant residing in said county, but 
outside of the city of Chicago, or to the sheriff of any other county 
for any defendant residing in such county, and service of any sum- 
Taons or writ so issued shall be made in the same manner as herein 
required in the case of a summons or writ directed to the bailiff: 
Provided, hoirerei\ that no judgment shall, in any such case, be 
rendered against any defendant served with process outside of 
the city of Chicago unless judgment be also rendered against a 
defendant served within said city of Chicago. 

Seventh — The plaintiff shall file his declaration within five days 
after the commencement of the suit, in default whereof the suit shall 
be dismissed unless the court by an order entered in said suit shall 
extend the time for filing such declaration. 

Eiglith — The defendant shall, in case he shall have been served 
with process of summons, or with writ five days or more prior to the 
return c^ay thereof, demur or plead to the declaration or the complaint 
on or before the Monday succeeding such return day; but in case the 
summons or writ shall have been served less than five days prior to 
the return day the defendant shall not be required to plead to the 
declaration or complaint until on or before the second Monday after 
such return day. In case the time for filing the declaration or com- 
plaint shall be extended by the court, the time for the defendant to 
demur or plead to the same shall be extended until the second Mon- 
day succeeding the expiration of such extension of time. The time 
within which the defendant is required to demur or plead may be 
extended by the court in its discretion. 



COUETS. 178^ 



But all cases provided for in this section shall be commenced, prose- 
cuted and disposed of in some branch court, held in the First District. 

§ 29. That cases of the fourth class and cases of the tifth class 
mentioned in section two (2) of this act shall be brought and prose- 
cuted in the district in which the defendant, if there be but one de- 
fendant, or one of the defendants, if there be more than one defend- 
ant, resides or is found, or, if the defendant be a corporation having 
its principal office in the city of Chicago, in the district in which its 
principal office is located; but if the defendant be a corporation not 
having a principal office in the city of Chicago, suit may be brought 
in any district within which service of process may be had upon any 
officer, agent or employe of such corporation, upon whom service of 
process might be had if issued in a suit commenced in the circuit 
court. If, in any such case, there is more than one defendant and 
one defendant resides or is found within the district in which such 
suit is brought or is properly served with process therein, the jjrocess 
of such Municipal Court may be served upon the remaining defend- 
ant or defendants at any place within said city of Chicago. But no 
suit shall be brought against the city of Chicago or any other muni- 
cijDal corporation in any other than the First District. If, in any case 
where there is more than one defendant, process is duly served upon 
one or more defendants and returned not served as to another defend- 
ant or other defendants, the suit shall proceed as in like cases in the 
circuit court. But the requirement that the defendant, if there be but 
one defendant, or one of the defendants, if there be more than one 
defendant, must reside or be found within the district in which such 
suit is brought shall not apply to attachment suits brought against 
non-residents of this State, which suits may be brought in any dis- 
trict when any property of the defendant is levied ujDon within such 
district or any garnishee resides or is found in such district, nor shall 
it apply to forcible entry and detainer suits in which the defendants 
do not reside or cannot be found within the city of Chicago, which 
suits may be brought in any district in which the property, the pos- 
session of which is sought to be recovered, is situated, and service of 
summons may be had by notice by publication in the manner required 
by law in cases of attachments in courts of record. When, upon the 
complaint of any defendant, it shall be made to appear to the Muni- 
cix^al Court in any district that the suit has been improperly brought 
therein, the court shall not be required on that account to dismiss the 
suit, if the Municipal Court in any district could properly have juris- 
diction thereof, but in such case the court may cause such suit to be 
transferred to the proper district and the court in the district to which 
the same is transferred shall proceed therewith as if the same had 
been originally commenced in said district: P)-ovided. howerer, that 
the court may, in its discretion, require the plaintiff to pay the costs 
of the defendant paid by him prior to such transfer: And, provided, 
further, that whenever a trial by jury is demanded in any case, 
whether civil, criminal or qnasi criminal, the court may, in its discre- 



174 COURTS. 



tion, direct the trial ol said case to be had in the First District, and 
for that purpose may cause said case to be transferred to the First 
District, to be there tried and disposed of. 

§ 3(). That every suit at law in the Municipal Court, other than a 
case of the second class or a case of the third class mentioned in sec- 
tion two ( 2 ) of this act, shall be tried by the court without a jury 
unless the plaintiff, at the time he commences his suit, or the defend- 
ant, at the time he enters his appearance, shall file with the clerk a 
demand in writing of a trial by jury, which demand, however, may be 
withdrawn by the party filing the same at any time before the trial, 
and in every case of the third class mentioned in section two of this 
act, a trial by jury shall be deemed waived unless the defendant shall 
exjjressly demand such trial. 

§ 31. That in all cases tried by jury in a municipal court each 
party shall be entitled to a challenge of the same number of jurors 
without showing cause for such challenge as are allowed in similar 
cases in the circuit courts and in the criminal court of Cook county 
and challenges for statutory and other causes shall be allowed as in 
similar cases in the circuit court and in said criminal court of Cook 
county. It shall be the duty of the judge presiding at the trial to 
examine or cause to be examined all jurors called iiito the jury box 
in any case with respect to their statutory qualifications to serve as 
petit jurors in such case and to permit the ijlaintiff, or the people, 
and the defendant to propound to the jurors such pertinent questions 
as may be necessary for the purpose of ascertaining whether the 
jurors are biased or prejudiced. But upon appeal or writ of error to 
review any judgment of said Municipal Court in any case tried there- 
in by jury no assignment of error shall be allowed which shall call 
in question any ruling of the coiirt pertaining to or connected with 
the impaneling of the jury, other than one improperly restricting the 
right of the defendant to examine the jurors as to bias or prejudice, 
or improperly overruling a challenge by the defendant of a juror for 
bias or prejudice. 

§ 32. That the Municipal Court in any civil suit pending therein, 
at any time before the trial or final hearing thereof, may permit the 
filing therein of interrogatories to be answered by any party to such 
suit or any person for whose immediate benefit such suit is prosecut- 
ed or defended, or by the directors, officers, superintendent or manag- 
ing agents of any corporation which is a party to the record in such 
suit, at the instance of the adverse party or parties or any of them 
and to require an answer under oath to all such interrogatories as the 
party to be interrogated might be required to answer, if called as a 
witness upon the trial or hearing of such suit, but the party filing 
such interrogatories shall not be concluded by the answers thereto, if 
he shall elect to introduce the same or any or either of them upon 
the trial or final hearing. 

§ 33. That upou the trial or hearing of any suit in the Municipal 
Court any party thereto or any person for whose immediate benefit 
such suit is prosecuted or defended, or the directors, officers, super- 



COURTS. 175 



intendent or managing agents of any corporation which is a party to 
the record in such suit may be examined upon the trial thereof as if 
under cross-examination at the instance of the adverse party or par- 
ties or any of them, and for that purpose may be compelled, in the 
same manner and subject to the same rules for examination as any 
other witness, to testify, but the party calling for such examination 
shall not be concluded thereby but may rebut the testimony thus giv- 
en by counter testimony. 

§ 34. That whenever in any suit pending in the Municipal Court 
evidence shall be necessary concerning any fact in support of or in 
opposition to any interlocutory or other motion or application, other 
than an application for a change of venue, the court may in its dis- 
cretion, require such evidence to be x^resented by the oral examina- 
tion of witnesses in open court or otherwise and may make all neces- 
sary orders for such oral examination. 

§ 35. That any judge of the Municipal Court shall upon applica- 
tion of either party and upon reasonable notice to the opposite party 
have power to sign or otherwise make any order in any suit pending 
in the Municipal Court at any place within the city of Chicago, when- 
ever in the opinion of such judge the granting of such order at such 
place is in furtherance of justice and such order shall be as effective 
as if made in any court room of said court or in the chambers of said 
judge. 

§ 36. That cases in the Municipal Court shall be tried in such 
■order and the calendars of cases shall be so arranged as may be deter- 
mined by the chief justice or by rules of the court adopted as herein 
provided. 

§ 37. That in trials by jury in the Municipal Court the court 
shall charge the jury as to the law only and the charge may. in the 
discretion of the Court, be given orally or in writing, but, when given 
orally, it shall be taken down in shorthand and at the request of 
either party a transcript thereof shall be made and filed in the cause 
in which such charge is given and shall be made a part of the record 
in such case. 

§ 38. That whenever it appears in any bill of exceptions signed in 
.any case of the first class or any case of the second class or any case 
of the third class, mentioned in section two (2) of this act. tried and 
■determined in the municipal court, that any erroneous ruling was 
made by said municipal court, against the objection of the party 
complaining thereof, but that no formal exception was taken by such 
jparty thereto, such erroneous ruling shall be subject to review upon 
appeal or writ of error to the same extent and in like manner as if it 
appeared that a formal exception had been taken thereto by the party 
complaining, and no bill of exceptions shall be held defective for the 
want of the seal of the judge thereto. Upon the prosecution of an 
appeal or writ of error to review any judgment of the municipal court. 
in any such case, the original bill of exceptions, in lieu of a certified 
'Copy thereof, shall be inserted in the transcript of the record to be 



176 COURTS. 



filed in the Supreme Court or Appellate Court upon such appeal or 
writ of error, unless the municipal court shall otherwise direct, and 
upon the final determination of such appeal or writ of error, such 
original bill of exceptions shall be remitted to the municipal court. 

§ 39. That no application for a change of venue in any case of the 
fourth class or in any case of the fifth class mentioned in section two 
(2) of this act, or in any criminal case punishable by fine or imprison- 
ment otherwise than in the penitentiary, on account of the prejudice 
of the judge shall be allowed by the municipal court when the appli- 
cant names in his ai^ijlication more than one judge from whom such 
change of venue is desired, nor unless such application for a change 
of venue is made by petition as in like cases in the circuit courts, and 
such petition is filed at or before the time for filing or entering by the 
defendant of his apjjearance in the suit in which such change of venue 
is asked for, if such suit is a civil suit, or at or before the time the 
defendant is required to plead if such suit is a criminal suit, and in 
no case shall the granting of any change of venue delay the trial of 
the suit, but such suit shall be tried and disposed of at the time set 
for the trial thereof or at the time to which the trial thereof may be 
postponed before some other judge of the court than the one from 
whom the change of venue has been granted, or in any other district 
in which the same may be ordered to be tried, and all orders neces- 
sary for the setting of such case for trial and for the securing of a 
speedy trial thereof may be made by the judge from whom said 
change of venue has been obtained. 

§ 40. That every case of the fourth class and every case of the 
fifth class mentioned in section two ( 2 ) of this act, excepting attach- 
ment suits, replevin suits, cases of distress for rent, and forcible entry 
and detainer suits, and also quasi criminal cases brought in the mun- 
icipal court, shall be commenced by the filing by the plaintiff with 
the clerk of a praecipe for a summons, specifying the names of the 
parties to the suit, the amount of the jDlaintiff's claim and the day at 
which the summons shall be made returnable, which day shall not be 
less than five (5) nor more than fifteen (15) days from the filing of 
the praecipe, and a bill of particulars of the plaintiff"s claim, which bill 
of particulars, if the suit be upon a contract, express or implied, shall 
consist of a statement of the account or of the nature of the demand, 
or, if the suit be for a tort, it shall consist of a brief statement of the 
nature of the tort and such further information as will reasonably in- 
form the defendant of the nature of the case he is called upon to de- 
fend, but nothing herein contained shall be construed to require the 
bill of particulars in any action for a tort to set forth the cause of 
action with the loarticularity required in a declaration at common law.. 
In cases of the fourth class and in cases of the fifth class mentioned, 
in section two ( 2 ) of this act. the municipal court may adopt such 
rules and regulations as it may deem necessary to enable the parties, 
in advance of the trial, to ascertain the nature of the plaintiff's claim 
or claims, or of the defendant's defense or defenses. 



COURTS. 177 



§ 41. That upon the tiling of such praecipe and bill of particulars 
the clerk of the municipal court shall issue a summons to the defend- 
ant directed to the bailiff to execute and returnable at ten o'clock a. 
m. sharj) of the day for such return specified in the praecipe, which 
siTUimons shall state the amount of the ijlaintitf's claim and shall be 
attested in like manner as a summons issued out of a court of record. 
Upon every such summons there shall be printed in plain type the 
provisions of this act pertaining to defaults incase of non-appearance 
of the defendant, and setting of the case for trial in case of appear- 
ance, and such further information as may be prescribed by the chief 
justice. 

§ 42. That every such summons issued out of the municipal court 
shall be served, if the defendant be an individual, by delivering to 
him a copy thereof and informing him of its contents, or, if the 
defendant be a corporation, service shall be made upon such corpora- 
tion in the same manner as is now or hereafter may be provided by 
law for the service of process upon such corporation in a suit at law 
when issued out of a circuit court. In case said summons shall not 
be served upon the defendant three days or more prior to the return 
day thereof an alias summons may be issued and a subsequent pluries 
summons may be issued in any case when a previous alias or pluries 
summons shall not have been served upon the defendant three days 
or more prior to the return day fixed in the previous summons. Ser- 
vice of such alias or pluries summons shall be made in the same 
manner as that above provided for the service of the original sum- 
mons. 

§ 43. That upon the return of any such summons duly served 
upon the defendant, the plaintiff shall be entitled to judgment as in 
case of default, unless the defendant shall either appear in person at 
the time specified in such summons, or shall, at or before the time 
fixed in such summons for his ajopearance, file his appearance in 
writing in said municipal court. I^pon such default the court shall 
assess the damages after hearing such evidence as the court may 
deem sufficient for that purpose. In case the defendant shall desire 
upon the trial to present any set-off or counter claim, he shall file a 
bill of particulars thereof with his appearance: Provided, however, 
the court may, in its discretion, extend the time for the filing of such 
bill of particulars. It shall be the duty of the court at ten o'clock, 
a. m. sharp of each day upon which the court is open for business, or 
as soon thereafter as is practicable, to call the cases in which the 
summonses are then returnable for the purjjose of ascertaining 
whether the defendants therein have appeared in iDerson or have 
entered their appearance in writing, and to give such directions with 
respect to such appearances as the court may find necessary or proper 
for the information of the parties. 

§ 44. That the clerk of the municijjal court shall keep on hand 
and furnish to suitors and attorneys on application printed blank 
forms of praecipes, summonses, entries of appearance, affidavits, 

—12 L 



178 COURTS. 



bonds, attachment writs, replevin writs, petitions for changes of 
venne, and all other j^apers necessary for the use of the iDarties to 
suits in such court. Forms for such papers shall be prescribed by 
the chief justice of the municipal court, who shall also from time to 
time prescribe and cause to be printed forms of bills of particulars to 
be used in said court. 

§ 45. That if in any case of the fourth class or in any case of the 
fifth class mentioned in said section two (2) of this act. brought in 
the municipal court, the defendant shall appear at the time specified 
in the summons or shall have entered his appearance in writing at or 
before the time so specified, the court shall, at such time, or as soon 
thereafter as practicable, fix a time for the trial thereof, and such case 
shall be tried at the time so fixed, or as soon thereafter as the other 
business of the court will permit. 

§ 46. That amendments to bills of particulars, praecipes, sum- 
mons and other papers filed by either party may, in the discretion of 
the court, be allowed at any time. 

§ 47. That the court may in any case of the fourth class or any 
case of the fifth class mentioned in section two (2) of this act, grant 
such posti^onements of the trial, and may make such other orders in 
respect thereto as the court may deem proper and necessary for the 
protection of the rights of the parties, and the failure of the court to 
try any such case at the time to which trial has been postj)oned shall not 
operate as a discontinuance, but the same shall remain under the 
control of the court until the final disposition thereof. 

§ 48. That the practice and })roceedings in the municipal court, other 
than the mode of trial and the proceedings subsequent to the trial, in 
cases of attachment, replevin, distress for rent and forcible entry and 
detainer included within the cases of the fourth class and within the 
cases of the fifth class mentioned in section two (2) of this act, shall 
be the same, as near as may be, as that which is now prescribed by 
law for similar cases in courts of record, with the following excep- 
tions : 

First. There shall be no written pleadings, excepting such as are 
required by law in similar cases before justices of the peace, other 
than the affidavits in attachment and replevin, copies of the distress 
warrants in cases of distress for rent, and the complaint in forcible 
entry and detainer, and the writs shall be made returnable in like 
manner as the summons in other cases of such classes in the munici- 
pal court. 

Second. In attachment cases the plaintifP at the time of the com- 
mencement of his suit and the defendant at the time of his appearing 
in person or of his entering his appearance in writing, if he shall 
desire upon the trial to present any set-off or counter-claim, shall file 
a bill of particulars thereof. 

Third. In forcible entry and detainer cases the plaintiff may unite 
with his claim for possession of the property any claim for rent or 
damages for withholding possession of the same, providing such claim 
does not exceed one thousand dollars ($1,000.) 



COURTS. 179 



Fourth. The mode of trial and all proceedings subsequent to the 
trial shall be the same, as near as may be, as in other cases of tlie 
fourth class and cases of the fifth class, mentioned in section two (2) 
of this act. 

§ 49. That the practice in the mnnicipal court in quasi crim- 
inal cases shall be the same as is herein prescribed for civil cases of 
the fourth class mentioned in section two (2) of this act, in said 
court, excepting as follows: 

Fi)-sf. The first process in any suit for the violation of any mu- 
nicipal ordinance shall, except as hereinafter provided, be a summons. 
If the defendant, after being duly served with summons, fails to ap- 
pear personally at the time specilied in the summons, or to enter his 
apjoearance at or before such time, the court may i)roceed, as in case 
of default, or may issue a warrant for the arrest of the defendant. 

Second. When the offense complained of is also a violation of any 
provision of the criminal code, the court may issue a warrant in the 
first instance for the violation of the ordinance under the like circum- 
stances under which a warrant might issue for a violation of the 
criminal code, and such warrant may be served at any place within 
the city of Chicago if the court in its discretion shall so direct. 

Third A warrant may issue in the first instance upon the affidavit 
of any person that an ordinance has been violated and that the per- 
son making the complaint has reasonable gounds to believe the party 
charged is guilty thereof and will escape unless arrested, and stating 
the facts upon which such belief is based: Provided, the judge to 
whom application is made for such warrant shall be satisfied, after 
examining under oath the party making the affidavit, that such arrest 
should be made, and any person arrested aj)on any warrant herein 
provided for shall, without unnecessary delay, be taken before the 
branch court to which such warrant is returnable and tried for the 
alleged offense, and such warrant may be served at any place within 
the city of Chicago, if the court in its discretion shall so direct. 

§ 50. That upon the arrest of -awj person for any criminal or 
quasi criminal offense within the jurisdiction of the municipal court, 
any judge of the municipal court, or any judge of the circuit or 
superior court of Cook county shall have power to let such person to 
bail and in case of the arrest of any person for anj^ quasi criminal 
offense or for any offense when the punishment is by fine or imprison- 
ment otherwise than in the penitentiary, the chief of police or any 
captain, lieutenant or sergeant of jjolice of the city of Chicago shall 
have power to let such person to bail. The bail bond in any such case 
shall be conditioned for the appearance of the person arrested before 
some branch court at a time fixed in such bond for such appearance, 
which time shall be not later than two days after the date of the bond. 
Any bond so taken shall be signed by one or more sureties to be 
approved by such judge or officer, who shall be authorized and 
reqiiired to administer oaths for the purpose of ascertaining the suf- 
ficiency of the sureties. All bondb so taken shall be filed with the 



180 COURTS. 



clerk of the municipal court at the branch court at which the person 
so arrested is required to appear. The exercise of the power hereby 
conferred of letting to bail shall be subject to regulation by such 
rules as may be adopted by a majority of the judges of the municipal 
court as herein provided. But any person so arrested shall have the 
right to be brought immediately before the municipal court in the 
district in which he is arrested, or, if there be no judge then in 
attendance upon such court, to the municipal court in any other dis- 
trict at which there may be a judge then in attendance, to be dealt 
with by such court according to law. The court may. by rule, pro- 
vide that any defendant arrested in any criminal case in which the 
punishment is by fine only, or in any quasi criminal case, may, in 
Jieu of giving bail for his a^jpearance, deposit with the clerk such 
sum of money as the court may deem sufficient to secure his appear- 
ance at the time or times so fixed therefor. Such sum to be forfeited 
and paid into the city treasury in case such defendant shall fail to 
appear at the time or times so fixed. 

§ 51. That if the method of procedure in any case within the 
jurisdiction of the municipal court is not sufficiently prescribed by 
this act, or by any rule of court adopted in pursuance hereof, the branch 
court in which the same is brought or proposed to be brought, may 
make such provision for the conducting and disposing of the same as 
may appear to the court proper for the just determination of the 
rights of the parties. 

§ 52. That both in direct and in collateral proceedings the same 
presumptions shall be indulged with respect to the jurisdiction of 
the municipal court over the subject matter of suits and over the 
parties thereto, as are indulged with respect to the jurisdiction of 
circuit courts in like cases. 

§ 53. That any money judgment rendered by the municipal court, 
when no execution issued thereon is outstanding, may be satisfied by 
the payment by the party against whom the same has been rendered 
of the amount thereof to the clerk of said court, who. upon payment 
being made, shall enter satisfaction thereof and shall, upon demand, 
pay over the money received by him to the person appearing of record 
to be entitled thereto. 

§ 54. That the municipal court shall take judicial notice of all 
matters of which courts of general jurisdiction of this State are re- 
quired to take judicial notice, and also of the following: 

1 . All general ordinances of the city of Chicago and all general 
ordinances of every municipal corporation situated in whole or in part 
within the limits of the city of Chicago. 

2. All laws of a public nature enacted by any state or territory of 
the United States. 

§ 55. That the masters in chancery of the circuit and superior 
courts of Cook county shall be e.r officio masters in chancery of the 
municipal court. 



COUETS. 181 



§ 56. That the costs in civil cases in the municipal court shall be 
as follows: 

First — In a case of the lirst class mentioned in section two (2) of 
this act the plaintiff at the time of commencing his suit shall i3ay to 
the clerk in full for all services to be rendered by said clerk for the 
plaintilf in said suit other than the making or furnishing of transcripts 
of the record, the sum of eight dollars (S8), and if he at the same 
time files with the clerk a demand in writing of a trial by jury he 
shall pay to the clerk the further sum of six dollars (86) to be ap- 
plied towards the payment of the fees of jurors in said court. 

Second — In a case of the second class mentioned in section two (2) 
of this act the plaintiff, at the time of the bringing of the transcript 
of the record to the municipal court, shall pay to the clerk in full for 
all services to be rendered by said clerk for the plaintiff in said suit 
other than the making or furnishing of transcripts of the record, the 
sum of eight dollars ($8). and if he at the same time files with the 
clerk a demand in writing of a trial by jury, he shall pay to the clerk 
the further sum of six dollars (S6) to be applied towards the pay- 
ment of the fees of the jurors in said court. 

Third — In any case of the first class or of the second class men- 
tioned in section two ( 2) of this act the defendant at the time of filing 
his appearance, and before he shall be permitted to make any defense, 
shall pay to the clerk in full for all services to be rendered by said 
clerk for the defendant in said suit, other than the making or furnish- 
ing of transcrii^ts of the record, the sum of three dollars (S3), and 
if he shall at the same time file with the clerk a demand in writing of 
a trial by jury, he shall pay to the clerk the further sum of six dollars 
($6) to be applied towards the payment of the fees of the jurors in 
said court. 

Fourth — In any case of the fourth class or of the fifth class men- 
tioned in section two (2) of this act, the plaintiff, at the time of com- 
mencing his suit shall pay to the clerk in full for all services to be 
rendered by said clerk, if such case be other than an action of forcil)le 
entry and detainer, the sum of two dollars ($2) when the amount 
claimed by him in money or property does not exceed two hundred 
dollars ($200); the sum of five dollars ($5) when the amount claimed 
by him exceeds two hundred dollars ($200) but does not exceed one 
thousand dollars (S1,000); and the sum of two dollars ($2) in a case 
of forcible entry and detainer, and if the plaintiff" at the time he com- 
mences his suit files with the clerk a demand in writing of a trial by 
jury, he shall pay to the clerk the further sum of six dollars ($6) to 
be ajjplied towards the payment of the fees of jurors in said court. 

Fifth — In any case of the fourth class or of the fifth class men- 
tioned in section two (2) of this act the defendant, at the time of his 
aispearance, shall pay to the clerk in full for all services to be ren- 
dered by said clerk, if the suit be other than an action of forcible en- 
try and detainer and the amount claimed by the plaintiff' in money or 
property exceeds tM'o hundred dollars ($20(3) the sum of two dollars 
'($2). and if the defendant shall at the same time file with the clerk a 



182 COUETS. 



demand in writing of a trial by jury he shall pay to the clerk the fur- 
ther sum of six dollars ( $6 ) to be applied towards the payment of the 
fees of jurors in said court. 

Sixth — The costs to be paid for the services of the bailiffs and of 
sherifPs and other costs not included in the above in cases of the first 
class and in cases of the second class mentioned in section two (2) of 
this act shall be the same as those required by law from time to time 
to be paid for similar services in cases in the circuit court of Cook 
county. 

Sevenih — In any case of the fourth class or of the fifth class men- 
tioned in section two (2) of this act the party delivering to the bailiff 
any summons, writ of attachment, writ of replevin, subpoena, writ of 
execution or other process shall at the time of making such delivery 
pay to the bailiff* the sum of one dollar (|1 ) for each defendant named 
in such process upon whom service thereof is to be made, and in cases 
of writs of attachmxent, replevin or execution, he shall pay to the 
bailiff the further sum of one dollar (%1 ) when any levy upon or seiz- 
ure of property is to be made thereunder, and shall also pay to the 
bailiff the actual expense of seizing or caring for any property levied 
upon or seized thereunder. 

Eighth — In any case of the fourth class or of the fifth class men- 
tioned in section two (2) of this act, the party procuring any certified 
copy of the record or of any portion thereof in any case shall pay to 
the clerk the same fees required by law from time to time to be paid 
to the clerk of the circuit court of Cook county for similar services. 

Ninth — In any case of the fourth class or of the fifth class men- 
tioned in section two ( 2 ) of this act the bailiff', as commissions on 
moneys realized by execution, shall collect from the defendant in the 
execution five (5) per cent upon the amount realized if it do not ex- 
ceed one hundred dollars ($100), but if the amount realized exceeds 
one hundred dollars ($100) the bailiff shall collect five (5) per cent on 
the first one hundred dollars ($100) and three per cent upon the ex- 
cess over one hundred dollars ($100). 

The amounts hereby required to be advanced when a demand in 
writing of a trial by jury is filed to be applied towards the payment of 
the fees of jurors in said court shall be paid by the clerk into the city 
treasury. 

In any case included within the terms of this section the court 
may, in its discretion, order that an advance payment of costs may be 
waived in favor of any poor person whose financial circumstances, as 
made to appear to the court, are such that an advance payment would 
be unduly burdensome or oppressive. 

§ 57. That the costs in criminal and in quasi criminal cases and 
proceedings in the municipal court, instituted in the name or by the 
authority of the people or in the name of any State or county officer 
in his official capacity, shall be as follows: 

First — The clerk's fees in full for all services rendered by him shall 
be the sum of six dollars ($6). 



COURTS, - 183 



Second — The bailitf's fees shall be the same as those which may 
now or hereafter be fixed by law for the sheriff in counties of the 
third class for similar services. 

All moneys collected upon judgments of the municipal court in 
such cases shall be paid to the clerk, who shall, at the end of every 
three months, apply the same, or so much thereof as may be neces- 
sary, to the payment of the uncollected costs in criminal and quasi 
criminal cases instituted in the municipal court in the name of the 
people, or in the name of any State or county officer in his official 
capacity, and pay over the balance, if any, to the officer entitled by 
law to receive the same. 

§ 58. That the costs in cases in the municipal court instituted in 
the name of the city of Chicago or in the name of any officer thereof 
in his official capacity, shall be as follows: 

First — The clerk's fees in full for all services rendered by him shall 
be the sum of six dollars (|6). 

Second — The bailiff's fees shall be the same as those which may 
now or hereafter be fixed by law for the sheriff in counties of the 
third class for similar services. 

All moneys collected upon judgments of the municipal court in 
cases for the violation of the ordinances of the city of Chicago shall 
be paid to the clerk, who shall pay over the same to the city of Chi- 
cago, within one week after receiving the same. 

§ 59. That the clerk and each deputy clerk shall collect for the ac- 
knowledgment and entering of memoranda of chattel mortgages and 
for the acknowledgment of other written instruments the same fees 
allowed by law to justices of the peace for similar services and the fees 
so collected and ail costs collected in each week by the clerk and bailiff' 
shall be paid over by them respectively to the city of Chicago on the 
Monday of the succeeding week, and the clerk and bailiff' shall be held 
personally responsible for all costs required to be paid to them in ad- 
vance as hereinbefore provided and the clerk shall be personally re- 
sponsible for all fees required as aforesaid to be collected by him and 
by each deputy clerk. The clerk and the bailiff' shall be required to 
keep complete and accurate accounts of all moneys collected by them 
and by their respective deputies, and such accounts shall, under the 
direction of the chief justice of said municipal court, be examined 
and audited monthly, the expense thereof to be paid by the city. 

§ 60. That the offices of justices of the peace, police magistrates 
and constables in and for the territory within the city of Chicago be 
and they are hereby abolished, and that the jurisdiction of justices 
of the peace in the territory of the county of Cook outside of the city 
of Chicago be and it is hereby limited to the territory of said county 
outside of said city, but this section of this act shall not become 
operative until the first Monday of December, A. D. 1906, and on and 
after said date the jurisdiction hereby conferred upon the municipal 
court shall exclude the exercise of any portion of such jurisdiction by 
all other courts excepting courts of record, and on and after said first 



184 COURTS. 



Monday of December, A. D. 11 06, no other court than a court of 
record shall exercise jurisdiction in any case in which said municipal 
court is given jurisdiction by this act. 

§ 61. That when the offices of justices of the x^eace within the city 
of Chicago shall be abolished the docket of each justice of the peace 
whose office is thus abolished and all papers in his possession per- 
taining to proceedings had before him shall be forthwith delivered 
up to the clerk of the municipal court, who shall preserve the same in 
liis office kept in the First district and who shall have full powder and 
authority to certify to t^-anscripts of such proceedings as such justice 
of the peace would have had, had the office not been abolished. Ex- 
ecutions may be issued by the clerk of said court upon any unsatis- 
fied judgments rendered by such justice of the peace in all cases in 
which the same might have been issued had such office of justice of 
the peace not been abolished, and said municipal court shall allow an 
appeal to the circuit or superior court of Cook county from any judg- 
ment rendered by any justice of the peace within twenty (20) days 
prior to the first Monday of December, A. D. 1906, upon the giving by 
the appellant of an appeal bond with security as now required by law 
in cases of appeals from justices of the peace: Provided, such appeal is 
prayed at any time within twenty (20) days after the first Monday of 
December. A. D. 1906. In all cases not determined or finally dis- 
posed of by such justice of the peace at the time his office is abol- 
ished, such proceedings shall be had in said municipal court, as might 
be had were such suits originally brought in said court, but no 
trial of any such case shall be had in said court without such notice 
to the parties thereto as the court may deem necessary. All writs is- 
sued by justices of the peace within the city of Chicago and which 
shall not have been returned on the first Monday of December. A. D. 
1906, shall be forthwith returned to the municipal court, and s^iid 
municipal court shall have full power to make such provision for the 
execution or other disposition of all such writs as said court may deem 
proper for the protection of the rights of the respective parties to the 
suits in which such writs have been issued. 

§ 62. That it shall be the duty of the chief justice of the munici- 
pal court to superintend the keeping of the records of said court and 
to prescribe abbreviated forms of entries of orders therein, which ab- 
breviated forms so prescribed shall have the same force and efPect as 
if said orders were entered in full in the records of said court. When 
any certified transcript of the record, or any portion thereof, of any 
suit or proceeding in said court is required, the same shall be written 
out in full from such abbreviated forms and duly authenticated ac- 
cording to law. 

§ 68. That the orders, judgments, and decrees of the municipal 
court in cases of the first class and cases of the second class shall 
have the same force, be of the same effect, be liens upon real estate in 
the city of Chicago to the same extent and under the same circum- 
stances, and be executed and enforced in the same manner as the 
judgments, orders and decrees of the circuit court of Cook county, 
and such judgments and decrees shall also be liens upon real estate 



COURTS. 185 



in the county of Cook outside of the city of Chicago after certified 
transcripts of the same shall have been tiled in the othce of the re- 
corder of Cook county, which transcripts shall contain the names of 
the parties to the suits, the kinds of actions, the amounts of the 
judgments or the general nature and effect of the decrees as the case 
may be, and the dates on which the judgments and decrees were ren- 
dered: Provided, hoiuevei\ that no such orders, judgment or de- 
crees shall be liens upon or affect registered land or any estate or in- 
terest therein until a certificate under the hand and official seal of the 
clerk of the municipal court, stating the date, and purport of the 
judgment, decree or order, is filed in the office of the register of titles 
of said Cook county, and a memorial of the same is entered upon the 
register of the last certificate of title to be affected. 

§ 64. That all other judgments of the municipal court shall have 
the same force, be of the same effect and be executed and enforced 
in the same manner as the judgments of the circuit court of Cook 
county. But no such judgment shall be a lien upon the real estate of 
the person against whom it is obtained, excepting from the time of 
the filing of a certified transcript thereof in the office of the recorder 
of Cook county, which transcript shall contain the names of the imr- 
ties to the suit, the kind of action, the amount of the judgment and 
the date upon which the same was rendered: Provided, however, that 
no such judgment shall be a lien upon or affect registered land or any 
estate or interest therein until a certified transcript thereof is filed in 
the office of the register of titles of Cook county and a memorial of 
the same is entered upon the register of the last certificate of title to 
be affected. The recorder of Cook county shall provide and keep 
in his office for said municipal court well bound books for entering 
therein an alphabetical docket of all judgments and decrees rendered 
in said municipal court as is now required by law for docketing judg- 
ments and decrees rendered in circuit courts and shall forthwith, 
after the filing of any transcript herein provided for, enter the same, 
together with the hour, day, month and year of the filing of such cer- 
tified transcript and the general number thereof. 

§ 65. That in case it shall be hereafter determined that so much 
of sections nine (9) and twelve (12) hereof as fixes the terms of office 
of the chief justice and associate judges of the municipal court is 
invalid, this act shall not on that accomit be judged wholly invalid, 
but the terms of office of the chief justice and associate judges of said 
municipal court shall in such case be four (4) years, and they shall 
hold their offices until their successors shall be elected and qualified, 
and on the first Tuesday after the first Monday of November, A. D. 
1910, and on the first Tuesday after the first Monday of November 
of every fourth year thereafter there shall be elected a chief justice 
and twenty-seven (27) associate judges of said municipal court as 
successors in office of the judges hereb}' required to be elected on the 
first Tuesday after the first Monday of November, A. D. 1906. and the 
terms of office of the associate judges which may be added to said 
municipal court in pursuance of section twelve (12) hereof shall be 
four (4) years. 



186 



COQETS. 



§ 66. That the invalidity of any portion of this act shall not affect 
the validity of any other portion thereof, which can be given effect 
without such invalid part. 

§ 67. That this act shall be submitted to a vote of the legal voters 
of the city of Chicago at the general election to be held on the first 
Tuesday after the first Monday of November. A. D. 1905. The bal- 
lots to be used at said election in voting upon this act shall be in 
substantially the following form: 



For consenting to the act entitled "An act in relation to 
a Municipal Court in the City of Chicago." 



Against consenting to the act entitled "An act in relation 
to a Municipal Court in the City of Chicago.''' 



If a majority of the legal voters of said city voting on the question 
at such election shall vote in favor of consenting to this act, the same 
shall immediately thereupon take effect and become operative. 

Approved May 18, 1905. 



PROBATE COURTS-JURISDICTION EXTENDED. 



§ 1. Confers original jurisdiction over testa- 
mentary trusts— chancery power of 
court. 

§ 2. Practice in matters of testamentary trusts. 

§ 3. Sale and distribution of real estate— rules 
of procedure. 



§ 4. Sales by trustee effectual against heirs- 
death of trustee— successor. 

§ 5. Fees of clerks of court. 
§ 6. What act does not repeal. 
Filed May 18, 1905. 



An Act to extend the jurisdiction of probate courts and county courts 
having probate jurisdiction so as to include the complete administration 
of testate estates. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That original jurisdiction is 
hereby conferred upon probate courts and county courts in counties 
where no probate courts are now. or may hereafter be established ac- 
cording to law to supervise and control all testamentary trusts created 
by original wills of deceased persons proved and admitted to probate 
in such court. The jurisdiction hereby conferred shall include the 
appointments and removals of trustees, the issuing of letters of 
trusteeship to such trustees, the fixing and approving of their bonds 
and the settlement of their accounts; and in regard thereto said 
court shall have and exercise full chancery powers. 

§ 2. The practice in such matters of testamentary trusts in pro- 
bate or county courts as herein provided shall be as nearly as may be 
analagous to that now existing in the probate and settlement of 
testate estates. The court shall have power in a summary manner to 



COURTS. 187 



require the filing of accounts of testamentary trustees and to enforce 
all orders in relation thereto by citation or attachment in the same 
manner as is now provided by law in case of executors and adminis- 
trators. 

§ 3. The supervision and control of testamentary trusts vested by 
this act in probate courts and county courts in counties where no 
probate courts are now. or may hereafter be established according to 
law, shall extend to and include the power in such courts to order the 
sale of the real estate to w^hich any testator had claim or title, or such 
part thereof as may be necessary, for the payment of legacies or other 
charges made thereon by the testator, and in cases where the court 
shall find it necessary or expedient for the complete execution of the 
will of the testator and the equitable distribution of his estate in ac- 
cordance therewith, that such real estate or part thereof be sold. In 
the exercise of this power such courts shall proceed, as near as may 
be, in conformity with the procedure established by law for the sale 
of real estate to pay debts in courts having probate jurisdiction. 

§ 4. All such sales of real estate shall be made, and conveyances 
executed for the same by the executor, administrator with the will 
annexed, or testamentary trustee applying for such order, and shall 
be valid and effectual against the heirs and devisees of such testator, 
and all other persons claiming by, through or under him or them. In 
case of the death of the executor, administrator with the will annexed 
or testamentary trustee applying for an order of sale before convey- 
ance is made, his successor shall proceed in the premises and make 
conveyance in the same manner as if he had originally applied for 
such order, which conveyance shall be good and valid. 

§ 5. The clerks of probate and county courts having probate 
jurisdiction shall be entitled to take fees as are now, or hereafter may 
be authorized by law for like service in the matter of the estates of de- 
ceased persons, but no docket fee shall be charged against any estate 
so held in trust where the original estate when probated w^as charged 
and paid a docket fee as provi^led by law. 

§ 6. Nothing in the act contained shall be construed as repealing 
any of the provisions of an act entitled. "An act concerning land 
titles," approved and in force May 1, 1897, nor any of the provisions 
of an act entitled, "An act to amend sections seven (7) and eighteen 
(18) of an act entitled, 'An act concerning land titles,' approved and 
in force May 1, 1897," approved May 18, 1903. and in force July 1, 
1903. 



This bill having remained with the Governor for a period of ten days (Sundays excepted) 
after the adjournment of the General Assembly, and he not having filed it with his objections 
thereto in the office of the Secretary of State, it becomes a law in like manner as if he had 
signed it. 

Witness my hand this 18th day of May. A. D. 1905. 

James A. Rose, 

Secretary of State. 

Note.— It appears from the enrolled bill filed in this office that the presiding officer of the 
Senate did not sign the same, but the records of this office show that said bill, designated as 
Senate Bill No. 118, passed the Senate March 28, 1905, receiving 30 affirmative votes and 2 
negative votes, and that the said bill with House amendments passed the House of Represen- 
tatives May 5, 1905, receiving 113 affirmative votes and 7 negative votes; and tlie records further 
show that the Senate concurred in the House amendments May 5,1905, there being 27 votes in 
favor of concurring and no negative votes. James A.Rose. 

Secretary of State. 



188 COURTS — CRIMINAL CODE. 



COURTS PROBATE — TERMS REGULATED. 



§2. Repeal. 

Approved May 13, 190.5. 



§ 1. Amends section 6, act of 1877. 

§ 6. Term opens first Monday each 
month— always open for cer- 
tain business. 

An Act to amend section six of "An act to establish prohate courts in all 
counties having a population of seventy thousand {70,000) or more, to 
define the juridiction thereof, and to regulate the practice therein, and 
to fix the time for holding the same," approved April 27, 1877, in 
force July 1, 1S77, as amended by an act approved May 21, 1881, in 
force July 1, 1881. 

Section 1. Be it enacted hjj the People of the State of Illinois, 
representecl in the General Assembly : That section six of an act en- 
titled "An act to establish probate courts in all counties having a 
population of seventy thousand (70,000) or more, to define the juris- 
diction thereof and regulate the practice therein, and to fix the time 
for holding the same," approved April 27, 1877, in force July 1, 1877, 
as amended by an act approved May 21, 1881. in force July 1. 1881, 
be and the same is hereby amended to read as follows : 

§ 6. The terms of the probate court shall commence on the first 
Monday of each month during the year, and shall be always open for 
the granting of letters testamentary, letters of administration and 
guardianship and for the transaction of probate business and all other 
matters of which it has jurisdiction, and shall continue open from day 
to day until all business before it is disposed of. 

§ 2. All acts or parts of acts in conflict herewith are hereby re- 
pealed. 

Approved May 13. 1905. 



CRIMINAL CODE. 



crimes against children. 

§ 1. Crimes against children defined— penalty. | Approved May 11, 1905. 

An Kct for the punii<hment of crimes against children. 

Section 1. Be it enacted hy flie People of the State of Illinois, 
represented in the General Assembly : That any jDerson who shall 
entice, allure or persuade any child into any room or enclosure, or 
into any place for the purpose of taking any immoral, immodest or 
indecent liberties, or shall take or attempt to take such liberties with 
such child, or who shall wilfully commit any lewd or lascivious act 
(other than the offences constituting the infamous crimes against 
nature, incest, rape and seduction) ui^on or with the body or any part 
or member thereof of such child, with the intent of arousing, appeal- 



CKIMINAL CODE. 189 



ing to or gratifying the lust or passions or sexual desires of such per- 
son or of such child, shall be guilty of a felony and shall be impris- 
oned in the penitentiary not less than one year nor more than twenty 
years: Prodded, that the term "child." as used in this act shall be 
construed to mean any child of either sex who shall be under the age 
under which carnal knowledge of female persons, either with or with- 
out their consent shall be rape. 
Appkoved May 11, 1905. 



DELINQLENT CHILD-LIABILITY OF PARENT OR GUARDIAN. 

§1. Parent or g:uardian liable— penalty— sus- ; Approved May 13, 1905. 
pension of sentence — release. 

An Act to provide for the punishment of persons responsible for, or di- 
rectly promoting or contributing to, the conditions that render a child 
dependent, neglected or delinquent, and to provide for suspension of 
sentence and release on probation in such cases. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assenddy: Any parent or parents, or 
legal guardian, or person having the custody of any dependent, neg- 
lected or delinquent child, as defined by the statutes of this State, or 
any other person who shall knowingly or wilfully encourage, aid, 
cause, abet or connive at such state of dependency, neglect or delin- 
quency, or shall knowingly or wilfully do any act or acts that directly 
produce, promote or contribute to. the conditions which render such 
child a dependent, neglected or delinquent child as so defined, or who, 
having the custody of such child, shall, when able to do so, wilfully 
neglect to do that which will directly tend to prevent such state of 
dependency, neglect or delinquency, or to remove the conditions 
which render such child either a neglected, dependent or delinquent 
child, as aforesaid, shall be deemed guilty of a misdemeanor, and on 
conviction thereof shall be punished by a fine of not more than two 
hundred dollars, or by imprisonment in the county jail, house of cor- 
rection, or workhouse, for not more than twelve months, or both by 
such fine and imprisonment: Provided, that instead of im|30siny the 
punishment hereinbefore provided, the court shall have the power to 
enter an order suspending sentence and releasing the defendant from 
custody, on probation, for the sj^ace of one year, upon his or her 
entering into a recognizance, with or without sureties, in such sums 
as the court may direct. The condition of the recognizance shall be 
such that if the defendant shall make his or her personal appearance 
in court whenever ordered to do so within a year, and shall provide 
and care for such dependent, neglected or delinquent child in such 
manner as to prevent a continuance or repetition of such state of de- 
pendency, neglect or delinquency, or as otherwise may be directed by 
the court, and shall further comply with the terms of such order, then 
the recognizance shall be void, otherwise of full force and effect. If 
the court be satisfied, by information and due proof under oath, that 



190 CRIMINAL CODE. 



at any time during the year the defendant has violated the terms of 
such order, it may forthwith revoke such order and sentence him or 
her under the original conviction. Unless so sentenced, the defendant 
shall, at the end of such year, be discharged and such conviction shall 
become void. 

Approved May 13, 1905. " 



P^RAUDS IN THE PRACTICE OF LAW. 

§ 1. Practicing law without license— penalty, i Approved May 16, 1905. 
§ 2. Definitions of words used in this act. 

An Act to prevent and punish frauds in the practice of law. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That any person residing in 
this State not being regularly licensed to practice law in the courts of 
this State, who shall in any manner hold himself out as an attorney 
at law or solicitor in chancery or represent himself either verbally or 
in writing, directly or indirectly, as authorized to i^ractice law, shall 
be deemed guilty of a misdemeanor and upon conviction shall be 
punished by a fine of not less than twenty-five (325) dollars, nor more 
than five hundred ($500) dollars, or imprisonment in the county jail 
not exceeding one year, or by both fine and imprisonment, at the dis- 
cretion of the court, for each and every offense, said misdemeanor to 
be prosecuted and costs assessed as in other cases of misdemeanor 
under chapter 38 of the Revised Statutes of Illinois. 

§ 2. The use of the words "attorney at law." "lawyer,'' "solicitor 
in chancery," "counsellor at law," "law office." "attorney and coun- 
sellor," or other equivalent words by any person not licensed as such, 
in connection with his own name on any sign, advertisement, business 
card, letter head, circular, notice or other writing, document or de- 
sign, the evident purpose of which is to induce others to believe and 
understand such person to be an attorney at law, shall be taken and 
held to be a "holding out" within the meaning of section one (1) of 
this act. 

Approved May 16. 1905. 



MOB violence-suppressionmjf. 

§ 1. Mob defined. §5. Heirsof victim may recover from munic- 

ipality. 



§ 2. Serious injury defined. 

§ .3. Intent to inflict injury— penalty. 



§ 6. Lynching prisoner taken from custody 
of officer— penalty as against officer— 
§4. Damage by violence - penalty-action vacancy-re-instatement. 

against municipality. Approved May 16, 1905. 

An Act to suppress moh violence. 

Section 1. Be it enacted by the People of the State of Illi)iois, 
represented in tlie General Assembly : That any collection of indi- 
viduals, five or more in number, assembled for the unlawful purpose 
of offering violence to the person or property of any one supposed to 



CRIMINAL CODE. 191 



have been guilty of a violation of the law, or for the puriDose of exer- 
cising correctional powers or regulative powers over any person or 
persons by violence, and without lawful authority, shall be regarded 
and designated as a "mob." 

§ 2. The term "serious injury," for the x3urposes of this act, shall 
include any injury to property which shall cause damage to the owner 
thereof, or any injury to the person which shall temporarily or per- 
manently disable the iDerson injured from earning a livelihood. 

§ 8. Any person or persons who shall compose a mob. with the 
intent to inflict damage or injury to the person or property of any in- 
dividual charged with a crime, or, under the pretence of exercising 
correctional powers over such person or jaersons by violence, and with- 
out authority of law, shall be subject to a tine of not less than one 
hundred dollars nor more than one thousand dollars, and may be im- 
prisoned in the county jail not less than thirty days nor to exceed 
twelve months for each and every offense. 

§ 4. Any person or persons, composing a mob under the provisions 
of this act, who shall by violence inflict material damage to the prop- 
erty or serious injury to the person of any other person upon the pre- 
tence of exercising correctional powers over such person or persons, 
biy violence and without authority of law, shall be deemed guilty of a 
ielony, and shall suffer imprisonment in the penitentiary not exceed- 
ing five years; and any person so sufl'ering material damage to prop- 
erty or injury to person by a mob shall have an action against the 
county or city in which such injury is inflicted, for such damages as 
he may sustain, to an amount not exceeding five thousand dollars. 

§ 5. The surviving spouse, lineal heirs, or adopted children of any 
such other person or persons who, before the loss of life, were depend- 
ent for support upon any other person who shall hereafter sufl'er 
death by lynching at the hands of a mob, in any county or city of 
this State, may recover from such county or city damages for injury 
sustained by reason of the loss of life of such person, to a sum not 
exceeding Ave thousand dollars. 

§ 6. If any person shall be taken from the hands of a sheriff, or 
his deputy, having such person in custody, and shall be lynched, it 
shall he j^rima facie evidence of failure on the part of such sheriff to 
do his duty, and upon the fact being made to appear to the Governor, 
he shall publish proclamation declaring the office of such sheriff va- 
cant, and his office shall thereby and thereafter immediately be vacated, 
and the coroner shall immediately succeed to and perform the du- 
ties of sheriff until the successor of such sherifli' shall have been duly 
■elected or appointed, pursuant to the existing law providing for the 
filling of vacancies in such office, and such sherift' shall not thereafter 
be eligible to either election or reappointment to the office of sheriff: 
Provided, hoivever, that such former sheriff' may, within ten days 
after such lynching occurs, file with the Governor his petition for re- 
instatement to the office of sheriff, and shall give ten days' notice of 
the filing of such petition to the prosecuting attorney of the county 



192 CRIMINAL CODE. 



in which such lynching occurred, and also to the Attorney General. 
If the Governor, upon hearing the evidence and argument, if any pre- 
sented, shall find that such sheriff has done all in his power to pro- 
tect the life of such prisoner and performed the duties required of 
him by existing laws respecting the protection of prisoners, then such 
Governor may reinstate such sheriff in his office and shall issue to 
him a certificate of reinstatement, the same to be effective on the day 
of such order of reinstatement, and the decision of such Governor 



shall be final. 

Approved May 16, 1905. 



§ 1. Sale of lottery policies prohibited— pen- 
alty. 

§ 2. Ow ner or occupant of room liable— other 
liabilities— penalty. 



POLICY PLAYING PROHIBITED. 

§ 3. Evidence. 



Approved April 29, 1905. 



An Act for the preventioti of policy-playing. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That a person who sells, or 
offers to sell, what are commonly called "lottery policies." or any writ- 
ing, paper or document, representing or being a record of any chance, 
share or interest in numbers sold, drawn or to be drawn, or in what is 
commonly called "policy," or in the nature of a bet, wager or insur- 
ance upon the drawing or drawn numbers of any public or private 
lottery: or who indorses or uses a book or other document, for the 
purpose of enabling others to sell or offer to sell, "lottery policies" or 
other such writings, papers or documents, shall upon conviction, for 
the first offense be confined in the county jail not more than one year, 
or be fined not less than two hundred dollars nor more than one 
thousand dollars, or both ; and, upon conviction for the second offense, 
be imprisoned in the penitentiary not less than one year nor more 
than two years. 

§ 2. A person who keeps, occupies or uses, or permits to be kept, 
occupied or used, a place, bui]ding, room, table, establishment or ap- 
paratus for policy jjlaying or for the sale of what are commonly called 
"lottery policies," or who delivers or receives money or other valuable 
consideration in playing policy, or in aiding in the playing thereof, or 
what is commonly called a "lottery policy," or for any writing, paper, 
or document in the nature of a bet. wager or insurance upon the 
drawing or drawn numbers of any public or private lottery: or who 
manages or promotes any "lottery policy" or the game commonly 
called "policy;'" or who shall have in his possession, knowingly, any 
writing, paper or document, representing or being a record of any 
chance, share or interest in numbers sold, drawn or to be drawn, or in 
what is commonly called "policy," or in the nature of a bet. wager or 
insurance, upon the drawing or drawn numbers, of any public or pri- 
vate lottery: or any paper, print, writing, numbers, device, policy slip, or 



CKIMINAL CODE. 



198 



article of any kind such as is commonly used in carrying on, promot- 
ing or playing the game commonly called "policy;" or who is the 
OAvner. agent, superintendent, janitor or caretaker of any place, build- 
ing or room where policy jjlaying or the sale of what are commonly 
called "lottery policies"" is carried on with his knowledge, or who aids, 
assists, or abets in any manner, in any of the offenses, acts, or mat- 
ters herein named, shall, upon conviction, for the hrst offense be con- 
tined in the county jail for not more than one year, or be fined 
not less than two hundred dollars nor more than one thousand dol- 
lars, or both: and. upon conviction for the second offense be im- 
prisoned in the penitentiary not less than one year nor more than 
two years. 

§ 3. The possession by any person other than a public officer, of 
any writing, paper or document representing or being a record of any 
chance, share or interest in numbers sold, drawn or to be drawn, or in 
what is commonly called "policy."' or in the nature of a bet. wager or 
insurance upon the drawing or drawn numbers of any public or pri- 
vate lottery, or any paper, print, writing, numbers or device, policy 
slip, or article of any kind, such as is commonly used in carrying on, 
promoting or playing the game commonly called "policy," is pre- 
sumptive evidence of possession thereof knowingly and in violation 
of the provisions of this act. 

Approved April 29, 1905. 



RAPE-AGE OF CONSENT CHANGED. 



Approved April 7, 1905. 



§ 1. Amends section 237, division 1 of crim- 
inal code. 
[§237]. Rape deflned-Penalty. 

An Act to amend section tivo hundred and thirty-seven (237 ) of division 
one (i) of an act entitled, "An act to revise the laiv in relation to 
criminal jurisprudence f' approved March 21 , 181]+, as amended by an 
act entitled, ''An act to amend section two hundred and thirty-seven 
(237) of division one (1) of an act entitled, 'An act to revise the laiv 
in relatio7i to criminal jurisprudence,' approved March 21, 1811+, in 
force July 1, 1811+/' amended by act approved June 9, 1881 , in force 
July 1, 1881. 

Section 1. Be it enacted 6?/ the People of the Stole of IJVniois 
represented in the General Assembly : That section two hundred 
and thirty seven (237) of division one (1) of an act entitled. "An act 
to revise the law in relation to criminal jurisprudence" approved 
March 27, 1874, as amended by an act entitled. "Aq act to amend sec- 
tion two hundred and thirty seven of division one (1) of an act en- 
titled, an act to revise the law in relation to criminal jurisprudence," 
approved March 27, 1874, in force Jiily 1. 1874. as amended by act 
approved June 9. 1887. in force July 1. 1887, be and the same is 
amended so as to read as follows: 

—13 L 



194 CRIMINAL CODE — DIVOECE. 



[§ 237. J Rape is the carnal knowledge of a female, forcibly and 
against her will. Every male person of the age of seventeen years and 
upwards who shall have carnal knowledge of any female person under 
the age of sixteen years and not his wife, either with or without her 
consent, shall be adjudged to be guilty of the crime of rape : Provided, 
that in case the said parties shall be legally married to each other before 
conviction, any legal proceedings shall abate: And, 'pi'ovided, that 
every male person of the age of 16 years and upwards who shall have 
carnal knowledge of a female forcibly and against her will shall be 
guilty of the crime of rape. Every person convicted of the crime of 
rape shall be imprisoned in the penitentiary for a term not less than 
one year and may extend to life. 

Approved April 7, 1905. ■ . -. 



DIVORCE. 



MARRIAGE OF DIVORCED PERSONS REGULATED. 

§ 1. Amends act of 1874 by adding thereto Approved May 13, 1905. 
section la. 
§ la. Divorced persons not to marry 

within a year— in certain cases 

two years— re-marriage to each 

other — penalty. 

An Act to amend an act entitled, "An act to revise the law in relation 
to divorces;' approved March 10, ISlJj-, in force July 1, 187Jf, by adding 
thereto section la. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the Genercd Assembly : That an act entitled, "An act 
to revise the law in relation to divorces," approved March 10, 1874, in 
force July 1, 1874, be amended by adding thereto section la, to read 
as follows: 

§ la. That in every case in which a divorce has been granted for 
any of the several causes contained in section one of said act, neither 
party shall marry again within one year from the time the decree was 
granted: Provided, when the cause for such divorce is adultery, the 
person decreed guilty of adultery shall not marry for a term of two 
years from the time the decree was granted: Provided, hoicerer, that 
nothing in this section shall prevent the persons divorced from re- 
marrying each other; and every person marrying contrary to the pro- 
visions of this section shall be punished by imprisonment in the 
penetentiary for not less than one year, nor more than three years, 
and said marriage shall be held absolutely void. 

Approved May 18, 1905. 



DRAINAGE. 



195 



DRAINAGE. 



§1- 



ACQUISITION AND OPERATION OF DREDGE BOATS. 

acquire , § 2. Emergency. 



Drainage commissioners may 
and operate dredge boats. 



Approved May 16. 1905. 



An Act to authorize certain drainage and levee districts to acquire, main- 
tain and operate dredge boats for the construction and preservation of 
drains, ditches and levees. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That whenever the drainage 
commissioners of any drainage and levee district, heretofore or here- 
after organized under an act entitled, '"An act to revise and amend an 
act and certain sections thereof, entitled, "An act to provide for the 
construction, reparation and protection of drains, ditches and levees, 
across the lands of others, for agricultural, sanitary and mining pur- 
poses, and to provide for the organization of drainage districts,' ap- 
proved and in force May 29, 1879, as amended, by certain acts herein 
entitled, to repeal certain laws therein named," approved June '60, 
1885, in force July 1. 1885, shall deem it necessary for such district 
to own, maintain and operate one or more dredge boats for the con- 
struction and preservation of its drains, ditches and levees they may, 
with the approval thereof by the county court in the county in which 
the district or any part thereof is located, xDurchase or build and main- 
tain and operate one or more dredge boats for the purposes aforesaid 
and pay for the same out of any funds of said district arising from 
any special assessments, heretofore levied, for the construction and 
maintenance of the system of drains, ditches and levees of such 
district. 

§ 2. Whereas, An emergency exists, therefore this act shall take 
effect and be in force from and after its passage. 

Approved May 16, 1905. 



COMBINED drainage DISTRICTS. 



Preamble. ' 

§ 1 Amends section 76, act of : 



§ 76. Combined drainage by voluntary 
action. 
Approved May 18, 190,5. 



An Act to amend section 76 of an act entitled, "An act to provide for 
drainage for agricultural and sanitary purposes and to repeal certain 
acts therein named/' approved June 27, 1885, in force July 1, 1885, 
as amended by act approved May 11, 1901, in force July 1, 1901. 

Whereas, Prior to the amendment of section 76 of said act by the 
amendatory act of 1901 there were five (5) different methods for 
organizing drainage districts under the Farm Drainage xA.ct of this 
State; and. 



196 • DRAINAGE. 



Wheeeas. The said amendment of 1901 was an effort to provide 
an additional method for the organization of drainage districts under 
the Farm Drainage Act: and. 

Whereas, A mistake occurs in the title of said amendatory act of 
1901 in that it refers to the orginal act as having been approved June 
2(5, 1885, in force July 1, 1885. when in fact said original act was ap- 
proved June 27, 1885, in force July 1, 1885: and. 

Whereas, There is grave doubt as to the effect of said section 76. 
as amended by the act of 1901, because of said mistake; therefore, 

Section 1. Be it enacied by the People of the State of Illinois^ 
represented in the General Assembly: That section 76 of an act en- 
titled '"An act to provide for drainage for agricultural and sanitary 
purposes, and to repeal certain acts therein named," approved June 
27, 1885, in force July 1, 1885; as amended by act approved May 11^ 
1901, in force July 1, ]901. be amended so as to read as follows: 

§ 76. Where two or more parties owning adjoining lands which 
require a system of combined drainage, have by voluntary action con- 
structed ditches which form a continuous line, or line and branches, 
the several parties shall be liable for their just proportion of such re- 
pairs and improvements as may be needed therefor, the amount to be 
determined as near as may be on the same principle as if these ditches- 
were in an organized district. Whenever such repairs and improve- 
ments are not made by voluntary agreement, any one or more [per- 
sons] owning parts of such ditch shall be competent to petition for 
the formation of a drainage district to include the lands interested in 
maintaining the ditches. The petitioner or petitioners for the forma- 
tion of such district must show to the satisfaction of the court that 
his or their land is damaged through the lack of proper repairs or im- 
provements to said ditch or drain. The form of procedure and 
conditions heretofore prescribed in this act shall be observed as near 
as practicable; but the ditches shall be taken as a dedication of the 
right of way, and their construction and joining as the consent of the 
several parties to be united in a drainage district. These ditches, if 
open, shall be made tile drains when practicable. 

Approved May 18, 1905. 



DRAINAGE. 197 



PUMPING PLANTS AUTHORIZED. 



1 1. Pumping' plants authorized— approval ^ 3. Emergency. 

of county court required. 
:§ 2. Past proceeding-s legalized. 



Approved May 1.3, 1905. 



An Act to provide for the ei'ection, maintenance and operation of pump- 
ing plants in certain drainage and levee districts and to legalize and 
validate former proceedings, bond issues, indebtedness and expenditures 
in regard to, on account of, or with a view to the erection, maintenanc-e, 
and operation of such pumping plants. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represenied in the General Assembly : That whenever the drainage 
commissioners of any drainage and levee district heretofore or here- 
after organized under an act entitled "An act to revise and amend an 
act and certain sections thereof." entitled "An act to provide for the 
construction, reparation and protection of drains, ditches and levees, 
across the lands of others, for agricultural, sanitary and mining pur- 
poses, and to provide for the organization of drainage districts," ap- 
proved and in force May 29, 1899, as amended by certain acts herein 
entitled, to repeal certain laws therein named, approved June 30. 1885, 
in force July 1, 1885, shall deem it necessary, for the disposition of 
the surface water, seejjage or rainfall in such district, that one or 
more pumping plants be erected, maintained and operated, they may, 
■with the apj)roval thereof by the county court of the county in which 
the district or any part of the district is located, out of the funds 
raised, or to be raised, by special assessments on the lands of such 
■district, and as a part of the drainage and levee work of the district, 
erect, maintain and operate one or more such pumping plants in such 
district. 

§ 2. That all proceedings of any county court heretofore had, and 
all assessments heretofore levied, all bonds heretofore issued, all in- 
debtedness heretofore incurred and all moneys heretofore expended 
by the commissioners of any drainage and levee district in regard to, 
on account of. or with a view to the erection, maintenance or opera- 
tion of any pumping plant or plants, such as is or are provided for by 
"this act, shall be held as valid and as legal as if the same had occurred 
after the taking effect of this act. 

§ 3. Whereas, An emergency exists, therefore, this act shall take 
effect and be in force from and after its passage. 

Approved May 13, 1905. 



198 DRAINAGE. 



SANITARY DISTRICTS-ELECTION OF TRUSTEES. 



§ 1. Amends sections 3 and 4, act of 1889. 

§ 3. Election of trustees— cumulative 
voting prohibited. 



§ 4. Powers and duties of board— ofti- 
cers— salaries— veto of ordin- 
ances. 

Approved JVIay 11, 190.'). 



An Act to amend sections three (3) and four {Jf.) of an act entitled, 
"An act to create sanitary districts, and to remove obstructions in the 
Desplaines and Illinois rivers/' approved May 29, 1889, in force July 
1, 1889. 

Section 1. Be it eMcicfcd hij the People oj the State of Illinois, 
represented in the General Assembly : That sections three (8) and 
four (4) of an act entitled, "An act to create sanitary districts and to 
remove obstructions in the Desplaines and Illinois rivers," approved 
May 29, 1889, in force July 1, 1889. be and the same is hereby 
amended to read as follows: 

§ 8. In each sanitary district organized under this act, there shall 
be elected at the November election of 1905, nine trustees, three of 
which trustees shall hold their office for a term of one year, three for 
a term of three years and three for a term of five years and until their 
successors shall be elected and qualified. At every regular county 
election, occurring after the year 1905. there shall be elected three 
trustees, who shall hold their offices for six j'ears and until their suc- 
cessors shall be elected and qualified, to succeed those whose term of 
office shall expire that year. In all elections for trustees each elector 
may vote for as many candidates as there are trustees to be elected, 
but no elector may give to such candidates more than one vote, it 
being the intent and purpose of this act to ijrohibit cumulative voting 
in the selection of the board of trustees of the sanitary district. Each 
elector in such sanitary district may vote for and designate (upon his 
ballot cast for trustees for said sanitary district) one of the candidates 
for trustee to be president of said board and the person so designated 
who shall receive the highest number of such votes shall be declared 
elected president of such board. The person so elected president of 
such board at the November election of 1905, shall hold office for a 
term of five (5) years and until his successor shall be elected and 
qualified. Any president of such board elected subsequent to the 
election of November, 1905. shall hold office for six (6) years and 
until his successor shall be elected and qualified. 

Such sanitary district shall, from the time of the first election held 
by it under this act, be construed in law and equity, a body corporate 

and politic and by the name and style of the sanitary district of 

and by such name and style may sue and be sued, contract and be 
contracted with, aquire and hold real estate and personal property 
necessary for corporate purposes, and adopt a common seal and alter 
the same at pleasure. 

§ 4. The trustees elected in pursuance of the foregoing provisions 
of this act shall constitute a board of trustees for the district by 
which they are elected, which board of trustees is hereby declared to 



DEAINAGE. 199 



be the corporate authorities of such sanitary district, and shall exer- 
cise all the powers and manage and control all the affairs and prop- 
erty of such district. Said board of trustees shall have the right to 
elect a clerk, treasurer, chief engineer and attorney for such munici- 
pality, who shall hold their respective offices during the pleasure of 
the board, who shall give bond as may be required by said board . 
Said board may prescribe the duties and fix the compensation of all 
the officers and employes of said sanitary district: Provided. hoivevei\ 
that the salary of the president of said board of trustees shall in no, 
case exceed the sum of four thousand dollars per annum and the 
salary of the other members of said board shall not exceed three 
thousand dollars per annum: And. provided, further, that the 
amount received by any attorney shall not exceed the sum of five 
thousand dollars (^5,000) per annum. Said board of trustees shall 
have full power to pass all necessary ordinances, orders, rules, reso- 
lutions and regulations for the proper management and conduct of 
the business of said board of trustees and of said corporation and for 
carrying into effect the objects for which such sanitary district is 
formed. All ordinances, orders, rules, resolutions and regulations 
passed by said board of trustees shall, before they take effect, be ap- 
proved by the president of said board of trustees, and if he shall 
approve thereof, he shall sign the same, and such as he shall not 
approve he shall return to the board of trustees with his objections 
thereto in writing at the next regular meeting of said board of trus- 
tees occurring after the passage thereof. Such veto may extend to 
any one or more items or apijropriations contained in any ordinance 
making an appropriation, or to the entire ordinance; and in case the 
veto only extends to a part of such ordinance, the residue thereof shall 
take effect and be in force, but in case the president of such board of 
trustees shall fail to return any ordinance, order, rule, resolution or reg- 
ulation with his objections thereto by the time aforesaid, he shall be 
deemed to have approved the same and the same shall take effect ac- 
cordingly. Upon the return of any ordinance, order, rule, resolution 
or regulation by the president, the vote by which the same was passed 
shall be reconsidered by the board of trustees, and if upon such re- 
consideration, two-thirds of all the members elect shall agree by yeas 
and nays to pass the same, it shall go into effect, notwithstanding the 
president may refuse to approve thereof. • .■ ■ .• . . . . :. 

Approved May 11, 1905. ' . . 

SANITARY DISTRICTS — REPORTS OF TRUSTEES. 

§ 1. Amends section 1, act of 1889. Approved May 13, 1905. 

§ 1. Organization of district— question 
submitted— trustees report to 
Governor and to General 
Assembly. 

An Act to amend and revise section 1 of an act entitled, "An act to 
create sanitary districts and to remove obstructions in the Desplaines 
and Illinois rivers/' approved May 29, 1889, in force July 1, 1889. 
Section 1. Be it enacted by the People of fJte Stcde of Illinois, 

represented in the General Assembly : That section 1 of an act en- 



200 DRAINAGE. 



tilled, "An act to create sanitary districts and to remove obstructions 
in the Desplaines and Illinois rivers," approved May 29. 1889, in 
force July 1, 1889, be amended and revised so as to read as follows: 

§ 1. That whenever any area of contiguous territory within 
the limits of a single county shall contain two or more incorporated 
cities, towns or villages, and shall be so situated that the maintenance 
of a common outlet for the drainage thereof will conduce to the 
preservation of the public health, the same may be incorporated 
as a sanitary district under this act, in the manner following: Any 
5,000 legal voters resident within the limits of such projjosed sanitary 
district may petition the county judge of the county in which they 
reside to cause the question to be submitted to the legal voters of 
such proposed district whether they will organize as a sanitary dis- 
trict under this act. Such petition shall be addressed to the county 
judge, and shall contain a definite description of the territory intended 
to be embraced in such district, and the name of such proposed san- 
itary district: Provided, however, that no territory shall be included 
in any municipal corporation formed hereunder which is not situated 
within the limits of a city, incorporated town or village, or within 
three miles thereof, and no territory shall be included within more 
than one sanitary district under this act. Upon the filing of such 
petition in the office of the county clerk of the county in which such 
territory is situated it shall be the duty of the county jndge to call to 
his assistance two judges of the circuit court, and such judges shall 
constitute a board of commissioners who shall have power and 
authority to consider the boundaries of any such pro^Dosed sanitary 
district, whether the same shall be described in such petition or 
otherwise. Notice shall be given by such county judge of the time 
and place where such commissioners will meet, by a publication 
inserted in one or more daily x)apers published in such county, at 
least twenty days prior to such meeting. At such meeting the county 
judge shall jjreside, and all persons in such proposed sanitary district 
shall have an opportunity to be heard touching the location and 
boundary of such jDroposed district and make suggestions regarding 
the same, and such commissioners, after hearing statements, evidence 
and suggestions, shall fix and determine the limits and boundaries of 
such proposed district, and for that purpose and to that extent, may 
alter and amend such petition. After such determination by said 
commissioners, or a majority of them, the county judge shall submit 
to the legal voters of the proposed sanitary district the question of 
the organization and establishment of the proposed sanitary district, 
as determined by said commissioners, at an election to be held on the 
first Tuesday after the first Monday in November thence next ensu- 
ing, notice whereof shall be given by said commissioners, at least 
twenty days prior thereto, by publication in one or more daily papers 
published within such proposed sanitary district, such notice to 
si^ecify briefly the purpose of such election, with a description of 
such proposed district. Each legal voter resident within such pro- 
posed sanitary district shall have the right to cast a ballot at such 
election, with the words thereon, "For Sanitary District," or "Against 



DRAINAGE. 201 



Sanitary District." The ballots so cast shall be received, returned 
and canvassed in the same manner and by the same officers as is pro- 
vided by law in case of ballots cast for county officers. The county 
judge shall cause a statement of the result of such election to be 
spread upon the records of the county court. If a majority of the 
votes cast upon the question of the incorporation of the proposed 
sanitary district shall be in favor of the proposed sanitary district, 
such proposed district shall thenceforth be deemed an organized 
sanitary district under this act: Provided, that the trustees of all 
sanitary districts heretofore created under this act and all sanitary 
districts hereafter to be created under this act, whenever the expendi- 
tures of any such district shall have amounted to the sum of one 
million dollars and such sum shall have been raised by taxation npon 
the assessable property in any such sanitary district or shall have 
been raised by the sale of bonds of said district or otherwise, shall on 
or before September 1, A. D., 1905. report to the Governor of this 
State, and to the two branches of the Legislature thereof separately 
all of the items of expenditures theretofore made by them as such 
trustees, of the moneys so belonging to said sanitary district, together 
with all items of receipts from all sources and shall furnish with all 
such reports copies of all contracts entered into by them for the 
expenditure of moneys so belonging to said district and upon Novem- 
ber 30, A. D., 1906, and biennially thereafter the trustees of any such 
■district shall make full, complete, accurate and itemized reports of all 
receipts and expenditures of such moneys to be hereafter made by 
them respectively, together with a copy of all contracts for the 
expenditure of moneys hereafter to be made by such trustees to the 
Governor and the two branches of the State Legislature of this State 
separately, and the Governor and either branch of the said Legisla- 
ture of this State shall have the right to examine the books of said 
trustees, and all expenditures made by or in any such district, by 
committee or otherwise, and to call for further rejjorts, accounts, items 
and copies of all contracts made by or documents held in the possession 
of any such trustees, and upon the failure, refusal or neglect of any such 
trustees to accurately and completely furnish any and all such items, 
accounts documents and reports of contracts as provided in this act, any 
and all trustees of any such sanitary district shall forfeit their office 
and by writ of quo irarranto be ousted and removed therefrom; all 
such actions to be brought in the county where any such trustees may 
reside, or wherein the major portion of any such sanitary district 
may be situated. 
Approved May 13, 1905. 



202 



ELECTIONS. 



ELECTIONS. 



APPOINTMENT OF ELECTION JUDGES. 



1. Amends sections 32, 33 and 37, act of 1872. 

§ 32. Appointment of election judges 
io counties not under township 
organization. 



§.33. Appointments in counties under 
township organization. 

§ 37. Judges of election may appoint 
clerks of election. 
Approved May 18, 1905. 



An Act to amend sections 32, S3 and 37 of an act entitled, "An act in 
regard to elections, and to provide for filling vacancies in elective 
offices/' approved April 3, 1872, in force July 1, 1872, as amended by 
act approved June 3, 1897, in force July 1, 1897, and an act approved 
June 22, 1885, in force July 1, 1885, respectively. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That sections 32, 33 and 37 
of an act entitled, "An act in regard to elections, and to provide for 
filling vacancies in elective offices," approved April 3, 1872, in force 
July 1, 1872, as amended by an act approved June 3, 1897, in force 
July 1, 1897, and an act approved June 22. 1885. in force July 1, 
] 885, respectively, be and the same are hereby amended so as to read 
as follows: 

§ 32. In comities not mider township organization, the county 
board of commissioners shall at its regular (or at a special) meeting 
in the month of June or July in each year, apjjoint in each election 
precinct or district, as the case may require (where judges have not 
been elected therein) three capable and discreet electors to be judges 
of election. No more than two persons of the same political party 
shall be appointed judges of the same election district or undivided 
precinct. The appointment shall be made in the following manner: 
The members of said county board of commissioners who represent 
the political party having the greatest number of votes on said coun- 
ty board of commissioners, being less than the whole number, shall 
select (and the county board of commissioners shall appoint such 
selection when made) two persons, who are legal voters, as judges of 
election in each election precinct or district in said county which gave 
in the preceding general election in said election precinct or district 
the higher number of votes to said political party having the greatest 
number of votes upon said county board of commissioners, and shall also 
select one person, who is a legal voter, as judge of election in each of 
the other election precincts or districts in said county, which at the 
preceding general election gave in said election precinct or district, 
the second higher number of votes to said political party having the 
greatest number of votes on said county board of commissioners. 
The member of the county board of commissioners who represents 
the political party having the next highest number of votes upon said 
county board of commissioners shall have the power and authority to 



ELECTIONS. "203 



select (and the county board of commissioners shall appoint such 
selection when made) two persons who are legal voters as judges of 
election in each election precinct or district, which at the preceding 
general election gave in said election precinct or district, the 
higher number of votes to said political party having the next high- 
est number of votes upon said comity board of commissioners 
and said member of the county board of commissioners represent- 
ing said political party having the next highest number of votes 
upon said county board of commissioners shall also select, and 
the county board of commissioners shall appoint the said 
selection, when made, one person, who is a legal voter, as judge 
of election m each of the other election precincts or districts in said 
county. In case the three members of the county board of commis- 
sioners represent three different political parties, then in that case, 
the member of the county board of commissioners representing the 
political party casting the highest number of votes at the preceding- 
general election in any election precinct or district shall select the two 
judges of election to serve in such election precinct or district, and the 
member of the county board of commissioners who may represent the 
political party casting the next highest number of votes at the pre- 
ceding general election in any election precinct or district, shall se- 
lect the one judge of election to serve in such election precinct or dis- 
trict: Provided, that if any county board of commissioners shall be 
composed of members who belong to any one political ijarty entirely, 
then in that case the chairman of the county central committee of the 
political party casting the highest or next highest number of votes at 
the last preceding general election in each election precinct or district 
shall select the two judges of election, or the one judge of election, as 
the case may be. and the county board of commissioners shall appoint 
the said judge or judges of election so selected by the chairman of the 
above mentioned county central committee. Said election judges 
shall hold their office for one year from their appointment, and imtil 
their successors are dul}' appointed in the manner heretofore pro- 
vided. The said county board of commissioners shall fill all vacan- 
cies in said office of judge of election at any time in the manner 
heretofore provided. 

§ o3. In counties under township organization the county board 
shall, at its regular (or at a special) meeting in the month of June of 
each year, except when such judges and clerks are appointed by elec- 
tion commissioners, appoint in each election precinct or district in 
the county, three capable and discreet electors to be judges of elec- 
tion, and who shall possess the qualifications required by this act for 
such judges. No more than two persons of the same political party 
shall be appointed judges in the same election district or undivided 
precinct. The town supervisor shall be appointed as one of such 
judges of election in the district or precinct in which he resides. The 
appointment of the remaining judges of election in the various elec- 
tion precincts and districts shall be made in the following manner: 



204- ELECTIONS. 



The members of the county board of suiDervisors belonging to the 
political party having the greatest number of votes upon said county 
board of supervisors shall select (and the county board shall appoint 
the selection so made) the majority of the election judges in each 
election district or precinct in each township in which said political 
party cast the highest number of votes at the preceding general elec- 
tion for Governor, and shall also select (and the county board shall 
appoint the selection so made) the minority judge of election in each 
election district or precinct in each townshiiD in which said political 
party cast the second highest number of votes for Governor at the 
preceding general election. The members of the county board of 
supervisors belonging to the political party having the second greatest 
number of votes upon said county board of supervisors shall select 
(and the county board shall appoint the selection so made) the major- 
ity of the election judges in each election district or precinct in each 
township in which said political party cast the highest number of 
votes at the preceding general election for Governor, and shall also 
select (and the county board shall appoint the selection so made) the 
minority election judge in the election district or precinct in each 
township in which said political party cast the second highest 
number of votes at the preceding general election for Governor: 
Provided, that if the county board of suj^ervisors shall be composed 
of members who belong to any one political party entirely, then, in 
that case, the chairman of the county central committee of the other 
political party casting the next highest number of votes in said 
county at the preceding general election is hereby emjjowered and 
authorized to make the selection of the minority judge of election, 
who shall serve in each of the election districts or precincts in said 
county, and the members of the county board of supervisors are here- 
by directed to make the appointment of said minority judges of elec- 
tion for each election district or precinct as selected by the chairman 
of the above mentioned county central committee: And. provided, 
further, that where the county board shall be equally divided and 
two political parties shall be rejDresented by an equal number of mem- 
bers, the selection and appointment of such judges of election shall 
be made as in the case where there is a majority of members on the 
county board belonging to one i3olitical party. The members repre- 
senting the political party casting the highest number of votes in a 
township at the preceeding election for Governor shall select the ma- 
jority judges of election in said township, and the members repre- 
senting the political party that cast the second highest n^^mbe^ of 
votes at the preceding election for Governor in said township shall 
select the minority judges of election in said township, and the coun- 
ty board shall appoint the selection so made: And, provided, further, 
that where a supervisor shall be elected in a township, said 
supervisor representing a political party that neither has the 
highest nor second highest number of votes for members on 
the said county board, the said supervisor shall be authorized and 
empowered to select a majority of the" judges of election in the pre- 
cincts or election districts in said township, such persons to represent 



ELECTIONS. 205 



the same xDolitical faith or belief as said supervisor, and the county 
board shall appoint the selection so made. The members of the 
county board representing the political party casting the second high- 
est number of votes in said township at the preceding general elec- 
tion for Governor shall select the minority judges of election in said 
township and the county board shall appoint the selection so made. 
Such judges of elections shall hold their office for one year from their 
appointment and until their successors lire duly appointed in the 
manner hereinbefore provided. The said county board of supervisors 
shall till all vacancies in said office of judges of elections at any time, 
in the manner hereinbefore provided. 

§ 37. Each judge of election shall choose a person having the 
qualifications of a judge of election, to act as clerk of election, who 
may continue to act as such during the pleasure of the judge making 
such appointment. 

Approved May 18, 1905. 



CANVASS OF BALLOTS REGULATED. 



! 1. "Straight tickets"'— how tallied —"split §2. Repeal— intent of act. 
tickets" — "scratched tickets"— duties 
of election judges and clerks. 



Approved May l.S, 1905. 



An Act to dispense irith individual tally marls in canvassing the so- 
called "straight tickets" at all elections hereafter held in this State; 
and concerning the duties of the clerks in the canvass of votes at such 
election. 

Section 1. Be it enacted by the People of the State of Illinois, 
rejji'esenied in the Genei'al Assembly : That hereafter at all general 
and special elections and primary elections held in this State, w^here 
the law shall provide that the clerks shall tally the votes received by 
candidates at such election, it shall not be necessary for the clerks of 
such election to mark upon the tally sheets kept by them, separate 
marks or tallies for each vote received by the candidates upon the 
ballots containing the same names, commonly known and hereafter in 
this act designated as "straight tickets." But when'the judges shall 
have counted and announced to the clerks, as near as may be as now" 
or hereafter provided by law, the number of votes received by each 
set of candidates upon such "straight tickets," the clerks shall set 
such number of votes down, in figiires, opposite the names of the re- 
spective candidates, in a column provided for that purpose upon the 
tally sheets: which column shall immediately adjoin upon the left the 
space reserved for the tallies, and which shall be of convenient width 
and shall be headed, "Number of votes received upon 'straight 
tickets.' " The judges shall then proceed to count and announce the 
votes received by each candidate upon all ballots other than "straight 
tickets,'"' including all ballots known as "split tickets." and all ballots 
known as "scratched tickets."' and the clerks shall proceed to tally the 
same upon the tally sheets, and to compare and announce the result 



206 ELECTIONS. 



thereof; which counting, announcing and tallying shall be conducted 
as now or hereafter provided by law. The clerks shall set down, in 
figures, the number of votes received by each candidate on ballots 
other than "straight tickets," as so ascertained and announced, in a 
column provided for that purpose ujDon the tally sheets, immediately 
adjoining on the right the space reserved for the tallies, which col- 
umn shall be of convenient width, and shall be headed, "Number of 
votes received upon ballots other than 'straight tickets.' " The clerks 
shall then proceed to add together the number of votes received by 
each candidate, as shown in the column containing the straight votes 
and the number as shown in the coiumu containing the votes other 
than straight votes; which result will show the total number of votes 
received by each candidate; and after comparing their results and 
finding that the same agree and are correct, they shall set down the 
same, in figures, in a column provided upon the tally sheets for that 
purjjose, on the extreme right hand side thereof, which shall be of 
convenient width and shall be headed, "Total number of votes." 
Whereupon one of the clerks shall announce in a loud voice to the 
judges the total number of voted [votes] received by and counted for 
each candidate. 

§ 2. All laws and parts of laws in conflict herewith are hereby re- 
pealed. Nothing in this act contained shall be construed to authorize 
or permit the canvassing, counting or tallying ballots with any less 
degree of strictness than now required by law; the intention of this 
act being to dispense with the individual tally marks only so far as 
the so-called "straight tickets" are concerned; and all other opera- 
tions of tallying, counting and canvassing and announcing the votes 
shall proceed as near as may be in accordance with the laws now or 
hereinafter provided therefor. 

Appkoved May 13, 1905. ■ . . ■ , 



CUMULATIVE VOTING FOR REPRESENTATIVE. 



1. Amends section 17, act of 1891. 

§ 17. Printing-, /narkinff and counting 
ballots regulated. 



Approved May 13. 1903. 



Aisr Act to amend section 11 of an act entitled, "An act to provide for 
the printing and distrihution of ballots at public expense and for the 
nomination of candidates for public offices, to regulate the manner of 
holding elections and to enforce the secrecy of the ballot," approved 
June 22, 1891, in force Juhj 1, 1891. 

Section 1. Be it enacted hij the People of the St cite of Illinois, 
represented in the General Assembly: That section 17 of an act en- 
titled. "An act to provide for the printing and distribution of ballots 
at public expense and for the nomination of candidates for public 
offices, to regulate the manner of holding elections and to enforce the 
secrecy of the ballot," approved June 22, 1891, in force July 1, 1891, 
be, and the same is hereby amended to read as follows: 



ELECTIONS. 201 



§ 17. No number of votes shall be printed on any ballot after the 
name of any candidate for representative in the General Assembly. 
In canvassing the vote for representatives in the General Assembly, 
the ballots shall be counted in the manner following: 

First. Where the names of three candidates for representatives in 
the General Assembly are printed under one party appellation or title 
and a cross, thus X. is placed at the appropriate place preceding such 
party appellation or title and the ballot is not otherwise marked for 
representatives in the General Assembly, it shall be counted one vote 
for each of said candidates. 

Second. Where the names of two candidates for representatives in 
the General Assembly are jjrinted under one party appellation or title 
and a cross, thus X, is placed at the appropriate jjlace preceding such 
party appellation or title, and the ballot is not otherwise marked for 
representatives in the General Assembly, it shall be counted one and 
one-half votes for each of said candidates. 

Third. Where the name of but one candidate for representative in 
the General Assembly is jjrinted under one i^arty appellation or title 
and a cross, thus X, is placed at the appropriate place preceding such 
party appellation or title and the ballot is not otherwise marked for 
representatives in the General Assembly, it shall be counted three 
votes for said candidate. 

Fourth. W^hether a cross, thus X. is lolaced at the ajDpropriate 
place preceding any party appellation or title, or not, whenever a cross 
is placed in the square preceding the name of any one candidate for 
representative in the General Assembly and the ballot is not otherwise 
marked, the ballot shall be counted three votes for said candidate; 
where a cross is placed in the squares preceding the names of any two 
candidates for representatives in the General Assembly and the ballot 
is not otherwise marked, the ballot shall be counted one and one-half 
votes for each of said two candidates ; where a cross is placed in the 
squares j)receding the names of any three candidates for representa- 
tives in the General Assembly and the ballot is not otherwise marked, 
the ballot shall be counted one vote for each of said three candidates. 

Fifth. M-'here the voter has indicated his intention by lawful mark- 
ing of his ballot to divide his votes among the candidates in any man- 
ner other than as specified in the foregoing sections, it shall be 
counted for such candidates according to the intention of the voter as 
disclosed by the marking of the ballot. 

Sixth. If the ballot has been so marked as to indicate an intention 
to cast more than three votes for representatives in the General As- 
sembly, such ballot shall not be counted for any of such candidates. 

§ 2. All acts and ijarts of acts in conflict with the provisions of 
this act are hereby re^^ealed. 

Approved May 13, 1905. 



208 



ELECTIONS. 



FILING NOMINATION PAPERS. 



1. Amends section 7, act of 1891. 

§ 7. Certificates of nomination— how 
and wlien filed. 



Approved May 16. 190.5. 



An Act to amend section 7 of an act entitled, "An act to provide for tJie- 
printing and distrihuiion of ballots at public expense, and for the nomi- 
nation of candidates for public offices, to regulate the manner of hold- 
ing elections, and to e^ijorot, the secrecy of the ballots approved June 
22, 1891, in force July 1,1891. 

Section 1. Be it enacted by the People of the State of Illinois 
represenied in the General Assembly : That section 7 of an act en- 
titled "An act to provide for the printing and distribution of ballots 
at public expen.se and for the nomination of candidates for public 
ofhces, to regulate the manner of holding elections and to enforce the 
secrecy of the ballot,'* approved June 22, 1891, in force July 1. 1891, 
be amended so as to read as follows : 

§ 7. Certificates of nomination and nomination pajjers for the 
nomination of candidates for offices to be filled by the electors of the 
entire State, or any division or district greater than a county, shall be 
filed with the Secretary of State at least thirty days previous to the 
day of election for which the candidates are nominated. All other 
certificates for the nomination of candidates shall be filed with the 
county clerk of the respective counties at least thirty days previous 
to the day of such election: Provided, that certificates of nomination 
and nomination papers for the nomination of candidates for the offices 
in cities, villages and incorporated towns, and for town offices in 
counties under township organization shall be filed with the clerks of 
the towns, cities, villages and incorporated towns at least fifteen days 
previous to the day of such election: Prorided, that in cities having 
a population of 500,000 or more that certificates of nomination and 
nomination papers for the nomination of candidates for the offices in 
such cities shall be filed with the city clerk of such cities at least 
twenty-five days i3revious to the day of such election. 

Approved May 1(5, 1905. 

nomination of candidates by petition. 

§ 1. Adds section ^U to act of 1891. Filed May 18, 1905. 

§5'a. Nominations by petition— form 
of petition— certificate to each 
sheet— oath— other provisions. 

An Act to amend an act entitled, "An act to provide for the printing- 
and distribution of ballots at public expense, and for the nomination of 
candidates for public offices, to regulate the manner of holding elec- 
tions, and to enforce the secrecy of the ballot" approved June 22, 
1891, in force July 1, 1891, and amendments thereto, by adding- 
thereto a section to be hnown as section 5\2. 

Section 1. Be it enacted by the People of tlie Stcde of Illi)iois, 
represented in the General Asse)iihly: That an act entitled, "An act 



ELECTIONS. 209 



to provide for the printing and distribution of ballots at public ex- 
pense and for the nomination of candidates for jjublic offices, to regu- 
late the manner of holding elections, and to enforce the secrecy of the 
ballot," approved June 22, 1891, in force July 1, 1891, and the amend- 
ments thereto, be and the same is hereby amended by adding there- 
to a new section to be known as section 5|, which additional section 
shall read as follows: 

§ 5|. All petitions for nomination of candidates for public office 
in this State shall, in addition to other requirements provided by law, 
be as follows: Such petition shall consist of sheets of uniform size 
and each sheet shall contain, above the space for signatures, an ap- 
propriate heading, giving the information as to name of candidate or 
candidates in whose behalf such petition is signed; the office, the 
party or political principle, place of residence and such other infor- 
mation or wording as required to make same valid, and the heading 
of each sheet shall be the same. Such petition shall be signed by the 
qualified voters in their own proper persons only, and opposite the 
signature of each signer his residence address shall be written ( and if 
a resident of a city having a population of over 10,000 by the then 
last preceding Federal census, the street and number of such residence 
shall be given). No signature shall be valid or be counted in con- 
sidering the validity or sufficiency of such petition unless the require- 
ments of this section are complied with. At the bottom of each sheet 
of such petition shall be added a statement, signed by an adult resi- 
dent of the political division for which the candidate is nominated, 
stating his residence address (and if a resident of a city having a 
population of over 10,000 by the then last preceding Federal census, also 
stating the street and number of such residence), certifying that the 
signatures on that sheet of said petition were signed in his presence and 
are genuine; and that to the best of his knowledge and belief the 
persons so signing were at the time of signing said petition qualified 
voters (and in cities, villages and incorporated towns in which voters 
are or may be required to be registered, that they were also at the 
time of signing said petition duly registered voters) of the political 
division for which the candidate is nominated, and that their respec- 
tive residences are correctly stated therein. Such statement shall be 
sworn to before some officer of the county in which the person making 
such statement resides, authorized to administer oaths therein. Such 
sheets, before being filed, shall be neatly fastened together in book 
form, by placing the sheets in a pile and fastening them together at 
one edge in a secure and suitable manner, and the sheets shall then 
be numbered consecutively. The sheets shall not be fastened by past- 
ing them together end to end, so as to form a continous strip or roll. 
Said petition, when filed, shall not be withdrawn or added to, and no 
signature shall be revoked except by revocation filed in writing with 
the clerk with whom the petition is required to be filed, and before 
the filing of such petition. Whoever, in making the sworn statement 
above prescribed, shall knowingly, wilfully and corruptly swear false- 



-14 L 



210 



ELECTIONS. 



ly, shall be deemed guilty of perjury, and on conviction thereof shall 
be punished accordingly. Whoever forges any name of a signer upon 
any petition shall be deemed guilty of a forgery, and on conviction 
thereof, shall be i3unished accordingly. The word "petition" or "peti- 
tion for nomination," as used herein, shall mean what is sometimes 
known as nomination papers, in distinction to what is known as a cer- 
tificate of nomination. The word[s] "political division for which the 
candidate is nominated," or its equivalent, shall mean the largest 
political division in which all qualified voters may vote upon such 
candidate, as the State in the case of State officers; the town in the 
case of town offices, et cetera: Provided, further, that any person who 
has already voted at a primary election held to nominate a candidate 
or candidates for any office or offices, to be voted upon at any certain 
election, shall not be qualified to sign a petition of nomination for a 
candidate or candidates for the same office or offices, to be voted upon 
at the same certain election. 



This bill having remained with the Governor for a period of ten days (Sundays excepted) 
after the adjournment of the General Assembly, and he not having filed it with his objections 
thereto in the office of the Secretary of State, it becomes a law in like manner as if he had 
signed it. 

Witness my hand this 18th day of May, A. D., 1905. James A. Rose, 

Secretary of State. 



OPENING AND CLOSING OF POLLS IN CERTAIN MUNICIPALITIES. 



§ 2. Emergency. 
Approved March 15, 1905. 



§ 1. Amends section 34, act of 1891. 

§ 34. Certain municipalities may fix 
by ordinance time of opening 
and closing polls. 

An Act to amend section thirty-four (SJf) of an act entitled, "An act to 
provide for the printing and distribution of ballots at public expense, 
and for the nonmiation of candidates for public offices, to regulate the 
manner of holding elections, and to enforce the secrecy of the ballot f 
approved June 22, 1891, in force July 1, 1891. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assemblij : That section thirty-four (34) 
of an act entitled. "An act to provide for the printing and distribu- 
tion of ballots at public expense, and for the nomination of candi- 
dates for public offices, to regulate the manner of holding elections, 
and to enforce the secrecy of the ballot," approved June 22, 1891, in 
force July 1, 1891. be and the same is hereby amended so as to read 
as follows: 

§ 34. At all elections to which this act applies, except at elections 
held in cities, villages and incorporated towns which have heretofore 
adopted or may hereafter adopt the provisions of an act entitled, "An 
act regulating the holding of elections and declaring the results 
thereof in cities, villages and incorporated towns," approved June 19, 
1885, the polls shall be opened at seven o'clock in the morning and 
shall be closed at five o'clock in the evening: Provided, however, 
that cities, villages and towns in counties of the third class may pro- 



ELECTIONS. 



211 



vide by city or village ordinance, or by resolution adopted at the 
annual town meeting, that polls shall be opened at six o'clock in the 
morning and be closed at four o'clock in the afternoon, and after the 
passage of such ordinance or resolution and the filing of a certified 
copy thereof with the county clerk of the county in which such city, 
village or town is located, the polls shall open at six o'clock in the 
morning and close at four o'clock in the afternoon of the same day at 
all elections held in such city, village or town adopting such ordi- 
nance or resolution and filing the same as herein provided. 

§ 2. Wheeeas, An emergency exists, therefore this act shall take 
effect and be in force from and after the date of its passage and ap- 
proval. 

Approved March 15, 1905. 



PRIMARY elections 
§24. 



§ 1. What candidates shall be nominated at 
primaries — judicial candidates ex- 
cepted. 

§ 2. Nominations by petitions authorized. 

§ 3. Political party defined. 

§ 4. Primary precinct defined. 

§ 5. Primary elections— when and where 
held. 

§ 6. County central committee— action be- 
fore each primary election. 

§ 7. County conventions— when held. 

§ 8. Notice of election. 

§ 9. Judges of election. 

§ 10. Judges to fill vacancies. 

§11. Oath of judges. 

§ 12. Administration of oath to judges. 

§13. Duties of judges. 

§14. Payment of judges. 

§ 15. Challengers. 

§ 16. Section 21, act of 1891 applies. 

§ 17. Ballot boxes. 

§ 18. Election supplies. 

§ 19. Registry poll book— form prescribed. 

§ 20. Tally sheet— form prescribed. 

§21. Declaration of candidate— form pre- 
scribed. 

§ 22. Candidate for Governor— form of dec- 
laration—United States Senator. 

§23. Congressional and legislative candi- 
didates— form of declaration. 



§2.5. 
§26. 
§27. 
§28. 
§29. 
§30. 
§31. 
§32. 

§33. 
§34. 
§35. 
§36. 
§37. 
§38. 
139. 

§40. 
§41. 

§42. 
§43. 

§44 
§45. 
§46. 

§47. 



REGULATED. 

Names on ballot. 

Method of voting. 

Forrn of ballot. 

Form of ballot continued. 

Opening of polls. 

Ballot boxes shall be opened. 

Who may vote. 

Manner of voting. 

Affidavit of challenged voter— affidavit 
of witness. 

Marking the ballot. 

Depositing the ballot. 

Assistance to voter. 

No adjournment permissible. 

Canvassing of vote. 

How canvass shall be conducted. 

Tally sheets^how certified — registry 
poll book,s. 



Stringing of ballots. 

Completion of canvass. 

Certificates of judges. 

Precinct committeemen— term of 
office. 

Judges shall issue credentials. 

Form of credentials. 

County conventions— organization of. 

County convention— proceedings reg- 
ulated. 



§ 48. Primary ballots— how disposed of. 



212 



ELECTIONS. 



§ 49. Tabulation of returns. 

§ 50. Primary election contest regulated. 

§51. State conventions, when held— sena- 
torial conventions, when held— con- 
gressional conventions, when held. 

§ 52. Candidates must comply with provis- 
ions of act— vacancies on ticket, how 
filled. 

§ 53. Delegates present shall cast full vote. 

§ 54. Challenging vote in convention. 

§ .55. Delegates to State convention, how 
elected. 

§ 56. Nomination of Governor. 

§.57. Nomination of congressional candi- 
dates. 

§ .58. Nomination of legislative candidates. 

§ .59. Release from instructions. 

§ 60. Sale of liquor, penalties. 

§ 61. Special elections. 

I 62. Vacancies on ticket. 

§ 63. No voting by proxy. 

§ 64. Duty of grand jury. 

APPLICABLE IN COOK COUNTY. 

§ 65. Following sections apply to Cook 
county only. 

§ 66. Different conventions defined— where 

held. 

§ 67. Primary elections, when held. 

§ 68. Who may hold— call for primary. 

§ 69. Signing of call— filing. 

§ 70. Notice of election. 

§ 71. Election precincts, how constituted. 

§ 72. Appointment of judges and clerks- 
oath. 

§ 73. General election laws apply. 

§ 74. Expense of primaries— how defrayed. 

§ 75. Pay of judges and clerks. 

§ 76. Who may vote. 

§ 77. Qualification of delegates. 

§ 78. Nomination of Governor— form of dec- 
laration—United States senator. 

§ 79. Congressional and legislative candi- 
dates. 
§80. Compliance with actrequired. 
§ 81. Section 21, act of 1891 applies. 
§ 82. Marking the ballot. 
I 83. Nomination of Governor. 



§84. Nomination of congressional, senator- 
ial and municipal candidates. 

§ 85. Manner of voting. 

§ 86. Opening and closing of polls. 

§ 87. Exhibition of ballot box. 

§ 88. Form of poll book. 

§ 89. Duties of judges and clerks. 

§ 90. Challengers. 

§91. Policemen at polls. 

§ 92. Further powers of judges. 

§ 93. Canvassing the vote. 

§94. No adjournment permissible— declara- 
tion of result. 

§ 95. Certificates of judges— when conven- 
tion shall be held. 

§ 96. Special elections. 

§ 97. Penalties. 

§98. Refusal to canvass vote. 

§ 99. Making false canvass or false return. 

§ 100. Refusal to sign certificate. 

§ 101. Absence of judge or clerk from polls. 

§ 102. Wrongful exclusion of vote. 

§ 103. Certain[acts declared felonies. 

§ 104. Other violations of act. 

§ 105. Other violations declared felonies. 

§106. Other violations declared misdemean- 
ors. 

§ 107. (Jther misdemeanors. 

§ 108. Other misdemeanors. 

§ 109. Other misdemeanors. 

§ 110. Other misdemeanors. 

§ 111. Other misdemeanors. 

§ 112. Other misdemeanors. 

§ 113. Other misdemeanors. 

§ 114. Certain violations declared felonies. 

§ 115. Violations not enumerated in act. 

§ 116. Penalty for misdemeanor— penalty for 
felonies. 

§ 117. Householder defined. 

§ 118. Prosecutions under this act. 

§ 119. Irregularities in mode of call, etc. — 
when act becomes effective. 

§120. Repeal. ' . 

Approved May 18. 



ELECTIONS. 213 



An Act to provide for the holding and regulation of primary elections. 

Section 1. Be it enacted hy the Peojjle of the State of Illinois, 
repi'esented in the General Assembly : That hereafter the nomina- 
tion for candidates for Governor, Representatives in Congress, Mem- 
bers of the General Assembly, all county officers and all officers of 
^ny city, village or incorporated town organized nnder any general or 
special act of this State, by all political parties as defined in this act 
.shall be made by means of a ijrimary election nnder the provisions 
hereof. This act shall not apply to cities, villages or incorporated 
towns having a population of less than 1,000, as ascertained by the 
last preceding Federal census: Provided, fiirthe)\ this -act shall not 
^pply to the nominations of candidates for judges of the Supreme and 
■circuit courts, to county commissioners in counties not under town- 
;s h ip organization . 

§ 2. Nothing in this act contained shall be construed to prevent 
nomination of candidates for any oflfice or offices by petition, by any 
party as herein [therein] defined, pursuant to the provisions of sections 
■4, 5 and 6 of an act entitled "An act to jirovide for the printing and dis- 
tribution of ballots at public expense, and for the nomination for candi- 
'dates for public office, to regulate the manner of holding elections, 
•and to enforce the secrecy of the ballot," approved June 22, 1891, in 
force July 1, 1891: Provided, that the jDetition for such nomination 
shall be filed with the i^roper officers on or before 12 o'clock, noon, of 
the day previous to the day fixed for the primary election under the 
provisions of this act. 

§ 3. A political party under the provisions of this act shall be held 
to mean a party which, at the last preceding presidential election, 
cast for its candidates for electors at least ten per cent of the total votes 
■cast at said election. No i^olitical party which, at the last preceding 
presidential election, cast for its candidates' X3residential electors less 
than ten per cent of the total vote of the State shall be allowed to 
place the names of its candidates, or any of them, upon any primary 
ballot. 

§ 4. Each election precinct now established, or which may here- 
after be established, for the i^urpose of a general election, shall con- 
stitute a primary district under this act: Provided, that where an 
election precinct is or hereafter may be divided into election districts, 
each election district shall constitute a primary district under this 
act. 

§ 5. A primary election, under this act, shall be held in each pri- 
mary district, at the regularly established place for holding general 
elections, on the last Saturday, in April, A. D. 1906, and on the last 
Saturday in April every two years thereafter, except that the primaries 
for cities, villages and incorporated towns shall be held on the first 
Saturday of March in the years in which their officers are to be elected. 
The polJs of said primariy election shall be open from 12 m. o'clock 
to 7 p. m. o'clock. 

§ 6. At least thirty days before a primary election, the county 
central committee of each political party shall hold a meeting, a notice 



214 ELECTIONS. 



of which shall be sent to each member of said committee at least one 
week prior to the date of said meeting. And at said meeting the said 
county central committee shall first determine whether or not the 
several county officers shall be nominated at the primary election, 
or by the delegates chosen at such primary to the county convention, 
but in case the names of all candidates for county offices shall be 
printed in a vertical column on the primary ballot and the candidate 
who shall receive the highest number of votes shall have the vote of 
all the delegates from the primary district as herinafter provided, and 
if the said committee shall determine that said officers shall be nom- 
inated by primary ballot at such primary, they shall next determine 
w^hether said officers shall be nominated by a majority or plurality 
vote at such primary, and said committee shall also file in the county 
clerk's office of the respective county, a call for the county convention 
of its party. Said call shall state the time and place of holding the 
comity convention, the offices for which candidates w^ill be nominated 
at said primary; the total number of delegates which shall compose 
the convention, and the number of delegates to which each primary 
district w411 be entitled in the convention. And said call, if the 
county candidates are to be nominated at such primary, shall state 
whether the nominations for said county officers shall be made by a ma- 
jority or plurality vote. The decision of said committee on the ques- 
tion of making the nominations at the primary election and whether 
by a majority or i^lurality vote shall be ascertained by a yea and nay 
roll call of the committee, which roll call shall be certified to by the 
chairman and secretary of the committee to the county clerk and filed 
with the call for such convention. No committeeman shall be per- 
mitted to name a proxy or to vote thereby, but every such committee- 
man, if unable to be personally loresent, shall notify the committee in 
writing how his vote shall be cast on the question of nominating by a 
majority or plurality vote at said primary; the chairman of the county 
committee shall publicly read and announce such vote of such absent 
committeeman and the same shall be recorded on roll call in like 
manner as those w^io are present, and said call shall be signed by the 
chairman and attested by the secretary of the county central commit- 
tee. In case there shall be in any county of the State more than one 
county central committee claiming to be the regular committee, then, 
in that case, the county central committee that was selected by the 
nominating convention of 1904 and whose candidates were placed on 
the official ballot shall be recognized as the county central committee 
to make this call: Provided, that each primary district shall be en- 
titled to at least one delegate to each county convention. 

§ 7. All county conventions shall be held on the Thursday next 
following a primary election as herein provided. 

§ 8. At least fifteen days before each primary election, the county 
clerk of each county, or the clerk of any city, village or incoporated 
town, as the case may be, shall prepare a printed or partly printed 
and partly written notice of such primary election for each primary 
district in his county, village, or incorporated town embraced in this 



ELECTIONS. 215 



act, which notice shall state the time and place for holding the 
primary election, the hours during which the polls will be open, the 
offices for which candidates will be voted for at such primary election, 
the political parties entitled to participate therein, and the number of 
delegates which the primary district is entitled to in the county con- 
vention of each political party, and shall publish such notice in at 
least one newspaper (if there be one published in the territory where 
such primary election is held), and shall also mail two copies of said 
notice to each primary election judge. And it shall be the duty of 
the several primary election judges to post said notices in public and 
conspicuous places in their respective primary districts at least ten 
days before the jjrimary election in all counties, cities, villages or in- 
corporated towns, as herein provided. The clerk thereof shall pre- 
pare such primary election call in accordance wnth the requirements 
of this section. 

§ 9. The judges of general elections in each election precinct 
and where an election precinct is divided into election districts, the 
judges of general elections in each election district, shall be and are 
hereby constituted judges of x^rimary elections in their respective 
primary districts. The judges of the county court of the several 
counties to which this act shall apply are hereby given power either 
in term time or vacation to hear and determine any complaints which 
may be made by the qualified voters of any county against any judge 
or judges of elections for violation of their duties imposed upon them 
and said judges are hereby vested with a general supervision and 
power over all primary election officers upon whom duties are imposed 
in order that the purposes of this act may be fully executed. 

§ lO. If, at the time for the opening of a primary election, one of 
the primary judges be absent or refuses to act, the judges pres- 
ent shall appoint some qualified elector of the primary district to act 
in his place. If two of the primary judges be absent or refuse to act, 
the judge present shall fill the vacancies in the same manner as herein 
provided. If all three primary judges be absent or refuse to act, the 
primary electors present who reside in the primary district, shall se- 
lest three of their number, not more than two of whom in any case 
shall be of the same political party, to act as primary judges. The 
judges so selected and appointed shall take the same oath, have the 
same powers, perform the same duties, and be subject to the same 
penalties as regularly constituted primary election judges. 

§ 11. Previous to any votes being received the primary election 
judges shall severally subscribe and take an oath or affirmation in the 
following form, to- wit: 

"I do solemnly sw^ear (or afiirm, as the case may be,) that I will 
support the constitution of the United States, and the constitution of 
the State of Illinois, and will faithfully and honestly discharge the 
duties of primary election judge according to the best of my ability, 
and that I have resided in this primary district for one year next pre- 
ceding the primary election and am entitled to vote at this primary 
election." 



2l6 ELECTIONS. 



All persons subscribing the oath as aforesaid, and all persons actu- 
ally serving as primary election judges at any primary election, whether 
sworn in or not, shall be deemed to be and are hereby declared to be 
officers of the county court of their respective counties ; and such per- 
sons shall be liable to punishment by such court in a loroceeding 
-for contempt for any misbehavior as such primary election judge, to 
be tried in open court on oral testimony, in a summary manner, with- 
out pleading; but such trial or punishment for contempt of court 
shall not be any bar to any criminal proceeding against such primary 
election judges for any violation of this act. 

§ 12. Incase there shall be no justice of the peace or notary public 
present at the opening of a primary election, or in case such justice 
of the pease or notary public shall be appointed one of the primary 
election judges, it shall be lawful for the primary election judges to 
administer the oath or affirmation to each other. 

§ 13. The primary election judges except as otherwise provided in 
this act, shall perform the same duties, have the same powers, and be 
subject to the same penalties as judges and clerks of general elections, 
under the general election laws of this State. 

§ 14. The primary election judges shall receive the same pay, and 
shall be paid by the same authorities and in the same manner as 
judges under general election laws of this State: Provided, all such 
election officers shall receive but one per diem each for their services 
as primary election officers. 

§ 15. The judges of election shall permit each different ticket of 
delegates to be represented by a challenger, chosen by a majority of 
those named for delegates on any j)articular ticket. Said challengers 
shall be i)rotected in the discharge of their duties by the judges of 
election and i3eace officers. Said challengers shall be permitted to 
remain within the polling place in such position as will enable them 
to see each person as he offers his vote and said challengers may re- 
main within the polling place throughout the canvass of the vote and 
until the returns are signed. The challengers shall be permitted to 
remain so near that they can see the judges and clerks are faithfully 
performing their duties. All challengers shall be qualified primary 
electors in their respective districts and shall have the same powers 
as challengers at general elections. 

§ 16. Section 21 of an "Act to provide for the printing and distri- 
bution of ballots at public expense and for the nomination of candi- 
dates for public offices, to regulate the manner of holding elections 
and to enforce the secrecy of the ballot," approved June 22, 1891, in 
force July 1, 1891, as amended by an act approved June 19, 1898, in 
in force July 1, 1893, is hereby made applicable to primary elections 
held under the provisions of this act. 

§ 17. Primary election ballot boxes shall be the same as those 
furnished and used for the general election purposes under the gen- 
eral election laws of this State. 



ELECTIONS. 



217 



§ 18. The county clerk of each county, or the clerk of any city, 
village or incorporated town shall furnish the primary election judges 
of each primary district all necessary supplies, including registry poll 
books and tally sheets. 

§ 19. The registry poll books shall be substantially in the follow- 
ing form : 

Kegistey Poll Book. 

Of a Primary Election held in the Primar}' District of 

the of , County of , 

State of Illinois, on the day of 

A. D., 



Number of votes. Name of voter. i Residence. 

i 1 


Party affiliation. 











This is to certify that the above and foregoing is a correct list of 

primary voters at an i^rimary election held on the 

day of A. D , in the 

Primary District of , County of 

, State of Illinois. That at said primary 

election the undersigned judges served as required by law and are en- 
titled to pay therefor. 



Dated . 



Judges of Primary Election. 
19.... 



Said registry poll books shall otherwise be in form and shall con- 
tain the same certifications as nearly as may be as the poll books 
used in the regular elections, and shall be signed and attested in the 
same manner as nearly as may be, as poll books used for the pur- 
poses of regular elections. 

§ 20. Tally sheets for each political party participating in the pri- 
mary election in each primary district shall be furnished by the county 
clerk or the city, village or incorporated town clerk as aforesaid and 
shall be substantially in the following form: 



218 ELECTIONS. 



"Tally sheets for (name of political party) for the .... 

primary district, in the of , county of 

State of Illinois, for a primary election held on the day of 

A.D. 19..'- 

The names of the candidates shall be placed on the tally sheets of 
each political party by the primary clerks in the order in which they 
appear on the primary ballot. Siitficient blank spaces shall be left in 
said tally sheets for all candidates whether for primary committee- 
men or any offices. 

§ 21. Any member of a political party desiring or intending to 
become a candidate for the nomination for a county office before the 
colinty convention of his party or for the nomination for any office in 
any city, village or incorporated town primary election, shall, not less 
than twenty days before the primary election next preceding said 
county convention, or the time now fixed by law for holding any mu- 
nicipal primary election, file in the county clerk's office of his county, 
or the office of the clerk of the city, village or incorporated town, a 
statement of his intention substantially in the following form: 

"I, of , in the County of 

, and State of Illinois, certify that I am a member 

of and affiliate with the party, and I hereby declare my 

intention of becoming a (describe the office ) candi- 
date for the nomination for before the next 

county convention of County, and I hereby request 

that my name be placed upon the official primary ballot of said 
party. 



Each candidate for each county office, or any city, village or incor- 
porated town office, provided for in this act of the respective parties 
shall also file a petition in the office of the county clerk or of the clerk 
of the city, village or incorporated town, containing at least five per 
cent of the lawful voters of the party in the district or territory in 
which he desires to be a candidate, to be based upon the last preced- 
ing presidential election. 

§ 22. Any candidate for the nomination for Governor shall have 
his name printed on the primary ballot of his political party, in each 
county by filing in the office of the Secretary of State not less than 
thirty days before the primary election a written request substantially 
as follows: 

"I, of the county of , in the 

State of Illinois, certify that I am a member of and affiliate with the 

party; that I am a candidate for the nomination 

for Governor before the next State convention of the 

State of Illinois and I hereby request that my name be placed upon 

the primary ballot of the party in each county for 

that office. 



ELECTION?. 219' 



Any candidate for the nomination for United States Senator shall 
have his name printed on the primary ballot of his political party in 
each connty by filing in the office of Secretary of State not less than 
thirty ( 30 ) days before the primary election a written request sub- 
stantially in form as the foregoing request provided for by candidates 
for Governor. The vote upon such candidates for United States Sen- 
ator shall be had for the sole purpose of ascertaining the sentiment of 
the voters in the respective parties. Each candidate for Governor 
and for United States Senator shall further file with the Secretary of 
State a petition signed by not fewer than 5.000 legal voters, members 
of the party in which he is a candidate for nomination. Not less than 
25 days before the primary election the Secretary of State shall cer- 
tify to the county clerk of each county the names of all candidates 
for nomination for Grovernor and United States Senator, together 
with their political affiliations, as sjiecified in the written requests on 
file in his office. Each candidate for Governor and for United States 
Senator of the respective parties shall pay to the Secretary of State a 
filing fee of one hundred (100) dollars. 

§ 23. Any candidate for the nomination of Representative in Con- 
gress or member of the General Assembly, shall have his name print- 
ed on the primary ballot of his party, in each county in his congres- 
sional or senatorial district, by filing in the county clerk's office of 
the county where such candidate resides and filing copies thereof in 
the other counties in said district not less than twenty (20) days be- 
fore the primary election a written request substantially in the follow- 
ing form: 

"I, , of the county of , in the 

State of Illinois, certify that I am a member of and affiliate with 
the party; that I shall be a candidate for the nomina- 
tion for (describe office) before the next 

convention of the district of Illinois, and I hereby re- 
quest that my name be placed upon the official primary ballot of 
the party, in county. 



The candidates mentioned in this section shall pay the following- 
fees: Each congressional candidate, $100; each candidate for senator, 
$50; each candidate for member of the House of Representatives. $25; 
and fees shall be equally divided among the respective counties of 
the district; each candidate shall further file in the office of the Sec- 
cretary of State a petition signed by at least five per cent of the vot- 
ers in said district of his party cast at the last preceding presidential 
election for electors. 

§ 24. No candidate for the nomination for any office shall have 
his name printed on any primary ballot except in the manner provid- 
ed for in this act. 

§ 25. The method of voting at a primary election shall be by bal- 
lot; which ballot shall conform to the requirements hereinafter made> 
The county clerk or the clerk in any city, village or incorporated town 
shall furnish paper at cost to any person or persons who may desire 
to use the same for primary election ballots at his own expense. 



220 ELECTIONS. 



§ 26. The primary election ballot of each political party shall be 
: separately printed upon paper of uniform quality, texture and size 
and in black ink, but no two party primary ballots shall be printed 
upon paper of the same color or tint. The county clerk or the clerk 
■ of any city, village or incorporated town shall publicly announce the 
color of the primary ballots of the respective parties at least fifteen 
(15) days before a primary election. 

§ 27. The primary election ballot of each political party for each 
primary election district shall be arranged and printed substantially 
in the manner following: 

1. At the top of the ballot shall be printed in large capital letters 
words designating the ballot. If a Republican ballot, the designating 
words shall be "Rei:)ublican Primary Ballot." If a Democratic ballot, 
the designating words shall be "Democratic Primar}- Ballot," and in 
like manner of each jDolitical party, the number of primary district, 
location of polling jjlace. 

2. Beginning not less than one inch below the designating words, 
the name of each olfice to be filled shall be printed in capital letters 
in the following order, to-wit : United States Senator, Governor, con- 
gressional officers, senatorial officers, county officers. In city, village 
or incorporated towns the primary ticket shall have first printed one 
inch below the designating words the name of the office of mayor or 
president of the board of trustees, as the case may be, or other exec- 
utive officer and following with the names of the other municipal 
officers in order which shall be arranged by the respective party com- 
mittees of such municipality. Below the name of each office shall 
be printed in smaller capital letters the names of all candidates (al- 
phabetically arranged according to surnames ) for the nominations of 
said office which are entitled to be placed upon the respective party 
primary ballot. The names of all candidates upon the primary ballot 
shall be printed in type of uniform size and style and the names shall 
be ]3rinted in a vertical column. Immediately in front of, and oxDpo- 
site the name of each candidate, shall be printed a square, and all 
squares upon the primary ballot shall be of uniform size. Spaces 
between the names of candidates for each office shall be uniform, and 
sufficient spaces shall separate the names of candidates for one office 
from the names of candidates for another office, to avoid confusion. 

3. The primary ballot containing the names of candidates to be 
voted for at such primary election, shall contain the names of all del- 
egates to the county convention from such j)rimary district and the 
names of candidates for primary committeemen. No primary ballot 
shall be used unless the same shall substantianlly comply with the 
requirements of this act, and any ballot not in accordance herewith 
shall be void for all purposes, and shall not be received, deposited or 
counted by any person or jiidge at an any such primary election. No 
person shall be a primary committeeman or a delegate of any primary 
district who is not a duly qualified primary voter therein. 



ELECTIONS. ' 22L 



§ 28. Upon the opening of the polls, one of the iDrimary election 
judges shall make the proclamation of the same, and at least thirty- 
minutes before the closing of the polls proclamation shall be made in 
like manner that the polls will be closed in half an hour. 

§ 29. Before voting begins, the primary ballot box shall be empty, - 
and it shall be opened and shown to those present to be empty, after 
which it shall be locked and the key delivered to one of the primary 
judges, and it shall not be removed from public view from the time it 
is shown to be empty until after the close of the polls. 

§ 30. No person shall vote at any primary election unless he be a 
male citizen of the United States of the age of 21 years or over or 
was an elector in this State on the first day of April in the year 
of our Lord, 1848, or obtained a certificate of naturalization before- 
any court of record prior to the first day of January in the year 
of our Lord, 1870, and unless next preceding such primary election 
he has resided in the State of Illinois not less than one year, in the 
county in which such primary election is held not less than ninety 
days, and in the primary district in which such primary election is 
held not less than thirty days and unless further he declares his party 
aflrliation as required by this act. 

§ 31. Any person desiring to vote shall state his name, residence 
and party affiliation to the primary judges, one of whom shall there- 
upon announce the same in a distinct tone of voice sufficiently loud 
to be heard by those present in the polling place. If the person desiring 
to vote is not challenged, one of the primary judges may offer to him 
one ballot of each kind containing the names of candidates of the 
political party with which he declares himself affiliated. No person 
who refuses to state his party affiliation, or who shall have signed a 
nominating petition for an independent candidate or for a candidate 
of an opposing political party as now authorized by law shall be 
allowed to vote at a primary election. 

The judges shall receive from any person or persons, and permit to- 
be freely and equally exposed in separate and orderly piles, within 
the polling place, near the ballot box, and within reach of the voters, 
a sufficient supply of each of the various ballots provided for in this 
act. and shall, upon request, furnish to each and every person quali- 
fied to vote one of each of the primary ballots of the party with which 
such person declares himself affiliated. 

§ 32. Whenever a person offering to vote at a primary election is 
challenged, the person so challenged shall make and subscribe an 
affidavit in the following form, which shall be presented to and 
retained by the primary judges, and returned by them with the 
registry poll books: 
"State of Illinois, I 

County of j 

I, , do solemnly swear (or affirm ) 'that I am 

a citizen of the United States of the age of 21 years or over,' or 'that 
I was an elector on the first day of April, A. D.. 1848,' or 'that I 
obtained a certificate of naturalization before a court of record in this- 



;222 ELECTIONS. 



State prior to the tirst day of January, A, D., 1870,' as the case may 
be; that I have resided in this State one year, in this county ninety 
days, and in this primar}^ district thirty days next iDreceding this pri- 
mary election, and have not signed any nominating petition; that I 

now reside at (insert street and number, if any) 

in this primary district, and have not voted at this primary election; 
that I am a member of and affiliate with the Pcirty. 



Subscribed and sworn to before me this .... day of. 
A. D., 



AFFIDAVIT OF WITNESS. 

In addition to such affidavit, the person so challenged shall produce 
the affidavit of one householder of the ijrimary district, who shall be 
a qualified voter at such primary election, and who shall be personally 
known or proved to the judges to be a householder in the primary 
district, which affidavit shall be in the following form: 
"State of Illinois, | 

County of ) 

I , do solemnly swear that I am a house- 
holder of this primary district and entitled to vote at this primary 

•election; that I am acquainted with (name 

of party challenged), whose right to vote at this primary election has 

been challenged; that said ( name of party 

challenged) is an actual bona fide resident of this primary district, 
and has resided herein thirty days, and as I verily believe, in this 
•county ninety days, and in this state one year nest preceding this 

primary election; that I verily believe (name 

of party challenged ) is a member of and affiliating with the 

party. 



Subscribed and sworn to before me this 
day of A. D 



§ 33. The voter shall forthwith and without leaving the polling- 
place retire to one of the voting booths and prepare his ballot, unless 
the same has been prepared prior to entering the booth, by making a 
cross "X" in the square in front of and opposite the name of each 
candidate of his choice for each office to be filled. 

§ 34. Before leaving the booth the voter shall fold his ballot in 
such manner as to conceal the marks on such ballot. He shall then 
hand such ballot thus folded to one of the judges of election, who 
shall thereupon endorse his initials on the back of the ballot, so folded, 
and deposit the same ballot in the ballot box. The primary judges 
shall thereupon enter in the registry poll books the name of the voter, 
his residence and party affiliation. 



ELECTIONS. 223 



§ 35. Any primary voter who shall declare upon oath that he can- 
not read the English language, or by reason of any xjhysical disability 
he is unable to mark his ballot, shall, upon request, be assisted in 
marking his ballot in the same manner as is provided by the general 
election laws of this State. 

§ 36. After the opening of the polls at a primary election, no ad- 
journment shall be had nor recess be taken until all the votes cast at 
such primary election shall have been counted and canvassed. 

§ 37. The votes shall be canvassed in the room or place where the 
primary election is held and the primary judges shall not allow the 
ballot box or any of the ballots or the registry poll books or any of 
the tally sheets to be removed or carried away from such room or 
lilace until the canvass of the votes is completed and the returns care- 
fully enveloped and sealed up. The candidates and challengers of 
each party shall have the right to be i^resent during a canvass of the 
votes by the primary judges. 

§ 38. Immediately upon closing the polls, the primary judges shall 
proceed to canvass the votes polled in the following nuinner: 

1. They shall first count the whole number of ballots in the ballot 
box. If the total number of ballots exceed the number of names en 
tered on the registry poll books, they shall carefully examine the bal- 
lots and reject those upon which the initials of a primary judge do 
not appear. 

2. If the remaining ballots exceed the number of votes entered on 
the registry poll books the judges of primary election shall proceed 
to ascertain the number of names entered on the registry poll books 
under each party affiliation. 

3. The judges shall thereupon arrange the ballots of each political 
party in separate piles, and count the ballots of each political party 
separately. 

4. If the ballots of any political party exceed the number of 
names of voters of such political party entered on the registry poll 
books the ballots of such political party shall be folded and replaced 
in the ballot box and the box closed and well shaken and again opened, 
and one of the judges, who shall be blindfolded, shall draw out so 
many of the ballots of such political party as shall be equal to such 
excess. 

5. The primary judges shall then i^roceed to count the votes of 
each political jjarty separately; and as the primary judges shall open 
and read the ballots each judge shall carefully and correctly mark 
down upon the tally sheets the votes which each candidate of the re- 
spective party whose name is printed or written on the ballot has 
received, in a separate column prepared for that purpose, with the 
name of such candidate, delegate, committeeman, etc., the name of 
his political party, and the name of the office to be filled at the head 
of such column. 



224 ELECTIONS. 



§ 39. As soon as the ballots of a political party have been read 
and the votes of said political party counted, as provided herein, the 
clerks shall foot up the tally sheets so as to show the total number of 
votes cast for each candidate of said political party, including the 
candidates for primary committeemen and delegates to the county con- 
vention, and the total number of votes cast by said political party and 
certify the same to be correct, and shall also deliver the same to the 
county clerk. Thereupon the judges shall set down in the registry 
poll books, luider the name of said political party, the name of each 
candidate voted for, written at full length, the title of the office to be 
filled, the total number of votes which said candidate received, and 
the total number of votes cast by said political party at said primary 
election, and the judges shall certify the same to be true and correct; 
said entry in the registry poll books to be made substantially in the- 
following form: 



( Name ) Party. 



"At the primary election held in this primary district on the 

day of , A. D., 19 the respective candidates whose- 

names were written or printed on the primary ballot of said 

party, received respectively the following votes : 



Name of Candidate. 


T--.1 r ^cc Number 
Title of Office. | ot votes. 


John Smith 


Governor 


100 


Samuel Jones 


Governor 


70 


Frank Martin 


County Clerk 


150 


WiUiam Preston . .. 


County Clerk 


200 


Thomas Johnston 


Primary Committeeman 


70 


Frederick Johns 


Primary Committeeman 


60 









(And so for each delegate.) 

Total number of votes cast by said party, 

We hereby certify the above and foregoing to be true and correct. 
Dated 



Primary Judges.'' 

§ 40. After the votes of a political party shall have been counted 
and set down, the tally sheets footed, and the entry blank made in the 
registry poll books, as above provided, and the ballots of said political 
party shall be strung separately upon a strong thread, wire or twine in 
the order in which they have been read, and shall thereupon be care- 



ELECTIONS. ■ ^ 22£ 



fully sealed iij^ in an envelope, which envelope shall be endorsed as 

follows: "Primary ballots of (name) party of the 

primary district, in the of 

county of , and 

State of Illinois,"' belo^w which endorsement each one of the judges 
shall write his name. 

§ 41. The judges shall continue until all the votes of each and 
every political party shall have been counted, set down, the sheets 
footed, the endorsements made, and the ballots strung and sealed up, 
as herein provided. 

§ 42. The primary judges shall make out, upon forms to be 
furnished by the county clerk, or by the clerk of any city, village or 
incorporated town and within twenty-four hours after the canvass has 
been completed, deliver a certificate of election to the candidate for 
primary committeeman of each political party receiving the highest 
number of votes of his respective party for that office; which certifi- 
cate shall show the total number of votes cast by the respective party 
in the primary district for each candidate for primary committeeman. 
In case of a tie of such vote, the judges shall cast lots to determine 
who shall be committeeman. The county clerk of each county or the 
clerk of any city, village or incorporated town shall cause to be deliv- 
ered the names of all primary committeemen of the resx^ective parties. 
So elected, to the secretary of the county committee or the secretary 
of the city, village or incorporated town committee of the respective 
parties not later than 9 o'clock a.m. of the Wednesday next following 
a primary election. 

§ 48. The term of office of each precinct or district com- 
mitteeman elected shall be for the two years next succeed- 
ing • the date of his election. The committeeman of each 
j)arty elected within each county or within each city, village 
or incorporated tow^n shall constitute the county, city, village or 
incorporated town committee of such party, who shall within ten days 
after their election select a chairman and such other officers of the 
committee as they may determine. The number of committee mem- 
bers for each county on a congressional or senatorial committee shall 
be determined and selected by the delegates, to the congressional or 
senatorial conventions, respectively. Such congressional and sena- 
torial committeemen, shall within ten (10) days after the first con- 
gressional and senatorial conventions held in their respective districts 
after their election, select a chairman of their respective committees 
and such other officers as they may determine. The county commit- 
tee and its officers of any county constituting a senatorial district, 
shall be the official committee of such senatorial district. Any va- 
cancy occurring in any said committee shall be filled by the respec- 
tive committee, provided any such vacancy shall be filled by a resi- 
dent of the precinct, district or territory in which such vacancy oc- 
curs. 

§ 44. Within twenty-four hours after the canvass has been com- 
pleted, the primary judges shall issue credentials, forms for that piir- 

—15 L 



2:26 ELECTIONS. 



pose to be furnished by the county clerk, to each one of the requisite 
number of candidates of each party for delegates to the county con- 
vention receiving the highest number of votes of their respective 
party. That is to say, where a political party in a primary district is 
entitled to one delegate, credentials shall be issued to the candidate of 
said party for the delegate receiving the highest number of said party's 
votes. Where a political party is entitled to three delegates, or 
to six delegates, to the county convention, credentials shall be issued 
to the three candidates, or to six candidates (as the case may be), and 
to each of them receiving the highest number of said party's votes. 
And in like manner, corresponding with the number of delegates to 
the county convention to which each political party of the primary 
district is entitled. In case of a tie, the judges shall cast lots to 
determine to what delegates credentials shall be issued. Said cre- 
dentials shall state the total number of votes received by each candi- 
date of his respective party in the primary district and also the name 
of each candidate of the respective party for each county office receiv- 
ing the highest number of votes of his party in the primary district. 
Said credentials shall entitle the delegate named therein to a seat in 
the next ensuing county convention of the respective party. 

§ 45. It is hereby made the duty of the county clerk of each 
county to furnish to the primary judges of each primary district, 
with the other election supplies, blank forms of credentials for dele- 
gates for each political party, the form to be substantially as follows: 

" Party. — Credentials. 

Credentials of delegates of the party of the 

in the county of 

and State of Illinois, to the county convention of 

county. 

We hereby certify that at a primary election held in said primary 

district on the day of March, A. D. 19 . . , 

(name of delegate) was duly elected a delegate to represent the 

party of said primary district in the county 

convention of said county and that said is a 

duly elected and qualified delegate of the party of said 

primary district and as such is entitled to a seat in the 

county convention of said county, to be held at on 

the day of March, A. D. 19. . . 

We further certify that at said primary election each candidate for 

delegate upon the primary ballot of the party, in said 

district received respectively the following number of votes: 



Name of Candidate for Delegate. 


Number of Votes. 


(Insert names.) 


(Insert number of votes.) 



ELECTIONS. 227 



We further certify that the following named candidates of said 
party for the following named county offices each received the follow- 
ing number of votes for his respective office at the primary election 
in said district: 




In witness whereof, we have hereunto set our hands this , 
day of March, A. D. 19 . . . 



Primaru Judges.'''' 

§ 46. At the time and place designated in the call for the county 
convention, the chairman of the county central committee, who signed 
the call for the convention, shall call the convention to order. If 
neither the chairman or secretary are present, then some member of 
the county central committee shall call the same to order, and state 
the object of the convention; whereupon he shall announce that the 
hrst thing in order w411 be the election of a temporary chairman to 
preside over the said convention. No person other than a delegate 
shall be elected chairman of said convention, and the chairman shall 
be elected by a regular roll call by primary districts of the delegates 
present. After the election of the chairman, the convention shall pro- 
ceed to elect the other officers of the convention. 

§ 47. Upon the permanent organization of the county convention, 
it shall be the duty of the secretary thereof to ascertain, from the 
tabulated statement of the returns if any candidates for a county office 
has received a majority of all votes cast by his party in his county at 
the primary election. If it shall appear that any candidate for a 
county office has received a majority of all votes cast by his party in 
his county at the primary election, such candidate shall thereupon be 
declared duly nominated by the convention without the formality of a 
ballot: Provided, if the county central committee for said primary 
and convention shall have authorized the nominations to be made by 
a plurality vote, then the candidate receiving the highest number of 
votes shall be declared the nominee of said convention. But in case 
no candidate of each party for each res^oective county office shall have 
received a majority of all votes cast by his respective party in the 
county, then any candidate of each party for each respective connty 
office who shall have received the highest number of votes cast for 
any candidate for such office by his party for such office in any pri- 
mary district shall receive the votes of the delegates in the county 
convention of his party from such primary district and the votes of 
each of them unless the county committee in its call for said conven- 
tion shall have provided for iDlurality nominations. 



228 ELECTIONS. 



§ 48. After the certificates of election and credentials have been 
made out as herein provided, the primary judges shall place all the 
sealed enveloioes containing the ballots of the respective political par- 
ties in a canvas bag, to be furnished by the county clerk, or clerk of 
any city, village or incori^orated town, for that purpose, which canvas 
bag shall be carefully and securely sealed and endorsed. "'Primary 

ballots, of the primary district, in the of "" 

Thereupon the judges shall place the registry poll books and tally 
sheets in an envelope, to be provided for that purpose by the county 
clerk, or clerk of any city, village or incorporated town, carefully en- 
velope and seal the same, and endorse upon the back thereof the fol- 

low^ing: "Primary election returns of the primary district, 

in the " The envelope containing the returns and 

the canvas bag containing the ballots shall be delivered by one of the 
judges to the county clerk, or the clerk of any city, village or incor- 
porated town, at his office by 11 o'clock a. m.. of the Monday follow- 
ing a primary election, and the ballots and tickets shall be preserved 
by such clerk for one year. The registry poll book shall be returned 
to the proper clerk within ten daj^s after the resjiective county con- 
ventions. 

§ 49. As soon as the returns are all in. the county, or city,, 
village or incorporated town clerk, w4th the assistance of two 
justices of the peace, of opposite political parties (if possible) 
shall, without delay, upon [open] all the returns and certify tabulated 
statements thereof separately for each political party. The tabulated 
statement of the returns of each political party shall state in appro- 
priate columns and under proper headings the total number of votes 
cast by the respective party in each primary district in the county, or 
municipality, and the total number of votes cast for each candidate of 
the respective party in each primary district in the county, or other 
municipality. The county clerk, or other clerk, shall deliver a copy 
of the tabulated statement of the returns of each political party to the 
secretary of the county, or city, village or incorporated town commit- 
tee of the respective political parties, not later than 12 o'clock M. of 
the Wednesday following the primary election. And it is hereby 
made the duty of the secretary of the county central, or other manag- 
ing committee of each political party to deliver the same to the next 
ensuing city, village or incorporated town or county, senatorial or con- 
gressional conventions of his party in his respective district, or mu- 
nicipality. The countv clerk of each county shall cause to be deliv- 
ered to the Secretary of State within eight days next following such 
county convention, the total vote cast for each candidate of the re- 
spective party, for Governor and L^nited States Senator in the respec- 
tive county. The Secretary of State shall cause to be delivered to 
the Secretary of State convention of the respective ijarties next fol- 
lowing such primary election, upon the assembling of such State con- 
vention for the respective parties, the total vote by the counties, for 
each candidate for Governor of the respective parties. It shall be the 
duty of the secretaries respectively of the county, senatorial, congres- 



ELECTIONS. 229 



sional and State conventions, to read to the convention before any 
candidate is X3ut in nomination, the total vote, by counties, received 
by each candidate of the respective party voted for upon the primary 
ballot provided for in this act. 

§ 50. Any candidate whose name appears upon the primary ballot 
of any political party in any primary district, may contest the primary 
election held in any municipality or in any or all the primary districts 
in any county as to the office for which he was a candidate for nom- 
ination, by tiling with the clerk of the county court of the respective 
county a petition in writing setting forth the grounds of contest, 
which shall be verified by affidavit of the petitioner. Jurisdiction is 
hereby vested in the county courts in term time, and in the judges 
thereof in vacation, to hear and determine primary election contests. 
When a petition to contest a primary election shall be tiled in the 
office of the clerk of the county court, said petition shall forthwith be 
presented to the judge thereof, who shall note thereon the day of pre- 
sentation and shall also note thereon the day when he will hear the 
same, which shall be before the next following county convention 
after such primary election, it shall be determined in sufficient time 
to enable the successful candidate or candidates to have their names 
printed upon the ballots for the election ensuing after such primary, 
and shall order issuance of summons to each defendant named in his 
l)etition. Summons shall forthwith issue to each defendant named in 
the petition and shall be served in the same manner as is provided in 
cases of chancery. The case may be heard and determined by the 
county court in term time, or by the judge thereof in vacation at any 
time, not less than two days after service of process and shall have 
preference in the order of hearing to all other cases. The petitioner 
shall give a bond with security to be approved by the clerk of the 
court conditioned for the payment of all costs. If, in the opinion of 
the court in which the petition is tiled, the grounds for contest 
alleged are insufficient in law. the petition shall be dismissed. If the 
grounds alleged in the petition are sufficient the court shall proceed 
in a summary manner and may hear evidence, examine the returns, 
recount the ballots and make such orders and enter such judgments 
as justice may require, and judgment of said court shall be final. 

§ 51. No State convention shall hereafter be held in any year 
before the first day of May, and not later than the loth of May. 
AH senatorial conventions shall hereafter be held on the Wednesday 
next following the day upon wdiich county conventions are held, except 
where a county is a senatorial district, in which case the senatorial 
convention shall be held on the same day and the delegates to the 
county convention shall nominate the senatorial candidates; and all 
congressional conventions shall be held on the second following 
Wednesday after the day set for the holding of the county con- 
ventions as above provided. 

§ 52. No candidate for the nomination for any office, who has not 
complied with the provisions of this act, shall be nominated by any 
-convention: Pi-ovided, that any convention may by a four-fifths vote 



230 ELECTIONS. 



of all its members nominate a person whose name did not appear 
upon the primary ballot; and in case of a vacancy, by death or other- 
wise, any convention may, by a majority vote of all its members, 
select any qualified person as candidate to fill such vacancy: Pro- 
vided, that in case of a vacancy upon the ticket, by death or otherwise, 
after the convention has adjourned, said vacancy shall be tilled by 
the county central, senatorial, congressional or Statr3 committee, as 
the case may be; and it is hereby made the duty of the proper officer 
upon receipt of the resignation or knowledge of the death of any can- 
didate, to immediately notify in writing the appropriate chairman. 

§ 53. If any one or more delegates to a county convention from 
any primary district.be absent, the delegates from said primary dis- 
trict present in the county convention shall cast the full vote of the dele- 
gation from said primary district: Frorided, that the full vote of said 
delegates from said primary district shall be cast in the convention in 
accordance with the instructions received by said absent delegates. If 
all the delegates to the county convention from any primary district are 
absent, such primary district shall have no vote in said convention. 

§ 54. Any delegate in any county convention shall have the right 
upon the first ballot to challenge the vote of the delegation of any pri- 
mary district upon the ground that the vote of said delegation, as an- 
nounced, is not cast in accordance with the vote and instructions of 
said primary district at the primary election, as evidenced by the cer- 
tificate of returns from said primary district. And whenever the vote 
of a delegation as aforesaid is challenged, the chairman of the con- 
vention shall examine the certificate of returns and ascertain whether 
or not the grounds for challenge are well taken. The secretary of the 
convention shall record the vote of said delegation in accordance with 
the vote and instructions of the primary district at said primary 
election. 

§ 55. The delegates of each party for each county, to all State, 
congressional and senatorial conventions, shall be chosen and selected 
by the county convention of the respective party of said county, and 
not otherwise. Any candidate other than a candidate for a county 
office, who shall receive the highest number of votes cast in the comity 
in said primary shall be entitled to receive and shall have cast for 
him the vote of all the delegates from that county in the nominating 
convention. 

§ 56. The candidate of any party for the nomination of Governor, 
whose name appears on the primary ballot of his jjarty in any county, 
who shall have received the highest number of votes cast by his party 
in said county, as shown by the certificate of returns, shall be entitled 
to receive and shall have cast for him the vote of all the delegates 
from that county in the nominating convention and such fact shall be 
stated in the credentials issued to the delegates to the State conven- 
tion of said party from said county. 

§ 57. The candidate of any party for the nomination of any con- 
gressional office, whose name appears on the primary ballot of his 
party in any county, who shall have received the highest number of 



ELECTIONS. 231 



votes cast by his party in said county as shown by the certificate of 
returns, shall be entitled to receive and shall have cast for him the 
votes of all the delegates from that county in the nominating conven- 
tion and such fact shall be stated in the credentials issued to the dele- 
gates to the congressional convention of said party from said county. 

§ 58. The candidate of any party for the nomination for member 
of General Assembly, whose name appears on the primary ballot of 
his party in any county, who shall have received the highest number 
of votes cast by his party in said county as shown by the certificate of 
returns, shall be entitled to receive and shall have cast for him the 
votes of all the delegates from that county in the nominating conven- 
tion, and such fact shall be started in the credentials issued to the dele- 
gates to the senatorial convention of said party from said county: 
(2) Provided, that in senatorial districts consisting of two counties 
no more than two persons of the same political party, that is, one can- 
didate for senator and one for representative, or two candidates for 
representative shall be nominated from any one county: and that in 
senatorial districts consisting of three counties or more, only one per- 
son of the same political party, that is, either one candidate for sena- 
tor or one candidate for representative, shall be nominated from any 
county. 

§ 59. If it shall be ascertained by any roll call in any convention, 
that no candidate has a majority of the delegates in such convention 
and that a nomination is thereby rendered imiDossible, then said con- 
vention may, by a majority vote, of all the delegates to the conven- 
tion, release the delegates from instructions, and each individual del- 
egate shall thereafter vote as he may determine. 

§ 60. No spirituous, malt, vinous or intoxicating liquor shall be 
sold or given away, nor shall any saloon or bar room or place where 
such liquor is sold or given away, be open during the holding of any 
primary election. Whoever violates the provisions of this section 
shall be fined in a sum not less than $25 nor more than $100. It 
shall be the duty of the sheriff, coroner, constable and other officers 
of the county, and magistrates, to see that the provisions of this sec- 
tion are enforced. 

(] ) If any person whose vote is challenged, or any witness sworn 
under the provisions of this act, shall knowingly, wilfully and cor- 
ruptly swear falsely he shall be deemed guilty of perjury, and on con- 
viction thereof shall be punished accordingly. 

( 3 ) Whoever unlawfully votes more than once at any election, or 
offers to vote after having once voted at such election, shall, on con- 
viction thereof, be fined in a sum not exceeding $1,000, or imprisoned 
in the county jail not exceeding one year, or both, in the discretion 
of the court. 

(4) Whoever wilfully aids or abets any one not legally (Qualified 
to vote at an election in voting or attempting to vote at such elec- 
tions; or 



282 ELECTIONS. 



Second. Furnishes an elector witli a ticket or ballot informing 
him that it contains a name different from that which appears there- 
on, with intent to induce him to vote contrary to his inclinations; or 

Third. Changes a ballot to [of] an elector, with intent to deprive 
such elector of voting for such person as he intended; or 

Fourth. By unlawful means prevents or attempts to jjrevent any 
voter from attending or voting at an election; or 

Fifth. Gives, or offers to give, any valuable thing or bribe to any 
judge or clerk of an election, as a consideration of some act to be done 
or omitted to be done contrary to his official duty in relating [relation] 
to such election, shall on conviction thereof, be fined in a sum not gt.- 
ceeding $1,000, or imprisoned in the county jail not exceeding one 
year, or both, in the discretion of the court. And any judge or clerk 
who shall receive, request or demand any bribe or reward forbidden 
by this act shall, upon conviction, be liable to the same penalties as 
are prescribed in this act for the giving or offering to give such bribe 
or reward. 

(5) Any person who shall solicit, request, demand or receive di- 
rectly or indirectly, any money, intoxicating liquor or any other thing 
of value, or the promise thereof, either to influence his vote, or to be 
used, or under the pretense of being used to procure the vote of any other 
person or persons, or to be used at any poll or other place prior to or 
on the day of an election for or against any candidate for office, or for 
or against any measure or question to be voted upon at such election, 
shall be deemed guilty of the infamous crime of bribery in elections, 
and upon conviction thereof in any court of record, shall be sentenced 
to disfranchisement by the judge of such court for a term of not less 
than five and not more than fifteen years, and to the county jail not 
less than three months nor more than one year, and to pay the cost 
of prosecution and stand committed to the county jail until such costs 
are fully paid. That for a conviction of a second offense under this 
section, the first being alleged and proven, such offender shall be b y 
sentence of the court forever thereafter disfranchised and deprived of 
the right to vote at an election in this State, and be imprisoned in the 
county jail not less than one year, and be committed to jail in default 
of the payment of costs of prosecution Until such costs are fully paid. 
Prosecutions may be had under this section by indictment in the cir- 
cuit court, or by information in the county courts, and the effect of a 
sentence of disfranchisement in either of said courts, both having 
jurisdiction of offenses hereunder, shall be to deprive such persons 
sentenced of the right to vote at any general or special election, or 
town meeting, within this State for the period of time fixed by the 
court where such person shall be convicted under this section. Any 
candidate, or other paying, furnishing or promising to pay or fur- 
nish or bribing such person, with money, intoxicating liquor, or any 
other thing of value, or the promise thereof, shall not be liable to pun- 
ishment therefor, but shall be a competent witness and compelled to 



ELECTIONS. 2B3 



testify in prosecutions under this section. Solicitation of any person 
of a loan of money, or the purchase of anything of value, or any other 
subterfuge, shall be deemed a violation thereof. 

Second. Any person who shall have been legally convicted and dis- 
franchised by a court of competent jurisdiction who shall before the 
exijiration of his term of disfranchisement, vote or otfer to vote at any 
general or special election, or town meeting within this State, shall, 
upon indictment and conviction thereof in a court of competent juris- 
diction, be confined in the penitentiary for a term of years not less 
than one or more than ten years. 

( 6 ) Whoever is disorderly at any election shall forfeit a sum not 
exceeding $25. 

(7) Whoever bets or wagers any money, property or other valuable 
thing upon the result of an election which may be held under the con- 
stitution or laws of this State, or bets or wagers money, property, or 
other valuable thing upon the number of votes which may be given 
to any person at an election, or upon who shall receive the greatest 
number of votes at an election; or agrees to pay any other person any 
money, pro^Derty or other valuable thing, in an event that an election 
shall result in one way, or in the event that any person shall or shall 
not be elected, or shall receive a greater number of votes than others, 
upon conviction thereof shall be fined in a sum not exceeding $] ,000, 
or imprisoned in the county jail not exceeding one year, or both, in 
the discretion of the court. 

(8) If any judge of an election shall permit a person to vote whose 
Tote is challenged, without the proof required in this act; or 

Second. Shall knowingly and wilfully permit a person to testify 
as a witness contrary to the provisions of this act; or 

Third. Shall knowingly permit a i^erson to vote who is not quali- 
fied according to law; or the same election for the same office, except 
as allowed by law^; or 

Fourth. Shall knowingly receive and count more than one vote 
from the same person at the same election for the same ofiice, except 
as allowed by law; or 

Fifth. Shall refuse to receive the vote of a qualified elector at 
such election, who will make the affidavit and proof required by this 
act; or 

Sixth. Shall be guilty of any fraud, corriiption. partiality or man- 
ifest misbehavior; or 

Seventh. Shall open or unfold any ballot when the same is pre- 
sented to be deposited in the ballot box; or 

Eighth. Shall >\'ilfully neglect to perform any of the duties re- 
quired of him by this act, shall, on conviction thereof, be fined in a 
sum not exceeding $1,000, or imprisoned in the county jail not ex- 
ceeding one year, or both, in the discretion of the court. 

(9) If any clerk of an election shall wilfully neglect to perform any 
duty required of him as clerk of election, or shall be guilty of fraud. 



234 ELECTIONS. 



corruption or misbehavior as such clerk, he shall, on conviction, be 
fined in a sum not exceeding $500, or imprisoned in the county jail 
not exceeding six months, or both, in the discretion of the court. 

(10) If any judge, clerk or messenger, after having been deputed 
by the judges of election to carry the poll books, tally lists and votes 
of such election to the place where by law they are required to be can- 
vassed, wilfully or negligently fails to deliver such poll books, tally 
lists or ballots, within the time prescribed by law, with the seal un- 
broken, he shall, upon conviction, be fined in a sum not exceeding 
$500, or imprisoned in the county jail not exceeding six months, or 
both, in the discretion of the court. 

( 11 ) If the county clerk wilfully neglects or refuses to perform 
any duty recpiired of him by this act, he shall, upon conviction, be 
fined in a sum not exceeding $500, and shall be liable to the person 
injured by reason of such neglect or refusal, in an amount not exceed- 
ing $500, to be recovered in an action on the case. 

(12) If any county clerk or justice of the peace shall be guilty of 
fraud, corruption or misbehavior in canvassing the votes or making 
any abstract of votes or issuing any certificate of election, he shall, 
on conviction, be fined in any sum not exceeding $500, or imprisoned 
in the county jail not exceeding one year, or both, in the discretion 
of the court. 

(13) Whoever shall wilfully and wrongfully take or carry away 
from the place where it has been deposited for safe keeping, or de- 
face, mutilate or change any poll book, ballot or tally list, or any 
name or figure therein, shall on conviction, be fined in a sum not ex- 
ceeding $1,000, or imiorisoned in the county jail not exceeding one 
year, or both, in the discretion of the court. 

§ 61. When a vacancy shall occur in any elective office and a spe- 
cial election shall become necessary to fill the same, the committee of 
the several political parties for the territorial area in which such 
vacancy occurs, shall nominate the candidate or candidates for the re- 
spective parties. 

§ 62. Any State convention, the congressional or senatorial con- 
vention of any congressional or senatorial district and any county 
convention of any party, shall have power to direct the respective 
official committee to fill any vacancy or vacancies which may occur on 
the ticket nominated by each respective convention. 

§ 63. No delegate to any convention held under the provisions of 
this act shall have any power or authority to name or appoint any 
proxy or substitute to vote for or in his stead, and no proxy or substi- 
tute appointed by any delegate shall be binding or effective on any 
convention or conventions held under the provisions of this act. 

§ 64. It is hereby made the duty of the grand jury of each county, 
at each and every term, to inquire into all violations of this act. 

§ 65. Provided, that in all counties of this State, having a popu- 
lation of one hundred and twenty-five thousand or over, the following 
sections only shall apply, except as hereinafter provided. 



ELECTIONS. 235 



§ 66. That in every county, city, village or incorporated town re- 
spectively in this State to which this act shall apply as hereinafter 
provided, the primary elections for delegates to constitute the various 
conventions of the different political parties or organizations of such 
county, city, village or incorporated town, or any part thereof, held for 
the nomination of candidates for public office in this State, and any 
part thereof, and for the Congress of the United States, whose names 
are to be printed on the official election ballots printed and distribu- 
ted at x^T^blic expense in such county, city, village or incorporated 
town, or any part thereof, shall hereafter be held under and pursuant 
to this act. A convention to nominate candidates for public office to 
be voted for by the electors of the entire State shall be known as a 
"State convention:" a convention to nominate candidates for public 
office to be voted for by the electors of an entire county shall be 
known as a ''county convention;" a convention to nominate candidates 
for public office to be voted for by the electors of an entire city, vil- 
lage or incorporated town shall be known as a "city, village or town 
convention,'' respectively; a convention to nominate candidates for 
public office to be voted for by the electors of an entire township shall 
be known as a "township convention:" a convention to nominate can- 
didates for public office to be voted for by the electors of an entire ward 
shall be known as a "ward convention:" all other nominating conven- 
tions in this State shall be known as "district conventions." 

Each nominating convention shall be held within the boundaries of 
the municipality or district for which its nominations are to be made, 
and at the place designated in the call. A majority of the delegates 
entitled to a seat in the convention shall be necessary to constitute a 
quorum. The chairman of the county central or managing committee 
shall call the county convention to order and preside until the 
temporary officers are chosen. The chairman of the county central 
committee shall designate a committeeman who shall call the various 
conventions within his district to order, which said committeeman shall 
be a resident of the district over which said convention is called to 
make nominations, and said committeeman shall preside until the 
tem]3orary officers are chosen. All convention officers shall be dele- 
gates and shall be chosen upon a roll call, such roll call to be by 
wards and districts, and announced by the chairman of such ward or 
district delegation. In case, however, the vote of any ward or district 
is challenged or disputed when announced, then the roll of delegates 
of such ward or district shall be called, and the persons receiving the 
votes of a majority of the delegates shall be declared elected the offi- 
cers of the convention. No adjournment or recess of the convention 
shall be taken before completing the nominations it was called to 
make, except upon a yea and nay vote taken upon a roll call, as afore- 
said. 

§ 67. Any political party or organization which at the last preced- 
ing general election for President in this State polled at least twenty 
per cent of the entire votes cast in the particular county, city, village 
or incorporated town, or district thereof, respectively, for which the 



236 ELECTIONS. 



application is being made, shall be entitled under this act to hold a 
primary election on the last Saturday of February immediately pre- 
ceding any regular spring or summer elections; which primary elec- 
tion shall effect only the nominations for the offices to be filled at the 
particular spring or summer elections next and immediately following 
such primary election day; and such political party or organization, 
qutilified as stated in this section, shall be entitled also to hold 
another primary election on the last Saturday of April, immediately 
preceding any regular summer or autumn elections; which last 
mentioned primary election shall effect only the nominations for the 
offices to be filled at the particular summer or autumn elections next 
and immediately following such primary election day: Provided, 
that such primary election day and certificates of nomination shall be 
subject to the provisions of section 7 of an act entitled, "An act to 
jjrovide for printing and distribution of ballots at public expense, and 
for the nomination of candidates for public office, to regulate the 
manner of holding elections, and to enforce the secrecy of the ballot," 
in force July 1, 1891; all political parties shall hold their primary 
elections on the same day. 

§ 68. The political party or organization entitled under this act 
to hold a primary election at least twenty days before such primary 
election day shall file with the board of election commissioners 
within w^hose jurisdiction they are; and in such portions Of the 
county as lie beyond the jurisdiction of said board of election com- 
missioners, with the county clerk, and also with the county clerk 
where there is no board of election commissioners, a call or applica- 
tion in writing, which shall set forth: 

First — The name of such political party and the address of the 
headquarters of the central committee or managing committee of such 
political party. 

Second — The name, place and time of every convention for the 
nomination of candidates for public office for which such primary 
election is called. 

Third — The description of each of the various primary election 
districts, together with the names of the three persons for judges of 
election and two persons for clerks of election for each such primary 
district, also the designation of a polling place for each such primary 
district. 

Fourth — The number of delegates from each such jDrimary district 
to each convention: Provided, that the number of delegates from 
each of the different primary districts be proportioned equally to the 
number of votes of such political party in each district as shown by 
the last preceding jjresidential election returns: And, provided, that 
each primary election district shall be allowed to be represented by at 
least one delegate to each convention in which such primary district 
is entitled to be represented: Provided, that all the organizations or 
subdivisions of any one general political party representing any mu- 
nicipality, district or ward, shall hold their primary elections, such as 



ELECTIONS. 2'Sl 



may then be in order, for the respective county, city, village or incor- 
porated town, or other political divisions therein, together and on one 
and the same day; and each municipal, district or ward organization 
of the party that neglects to join shall forfeit the right to hold pri- 
maries for its political nominations then due. In due time before 
filing said call or application, the central or managing committee rep- 
resenting the largest political territory for which primaries are next 
in order may notify, in writing, the chairman or secretary of each ter- 
ritorial organization of snch general party to return, in writing, within 
a specified time, xjroperly authenticated by such territorial organiza- 
tion of the party, the request of such subdivision of the party for its 
respective primaries, and also the name, place and time of the lawful 
nominating conventions they wish to hold, and containing other law- 
ful suggestions ; and ujpon receiving such request in writing, such cen- 
tral or managing committee shall include in said call or application 
the name, place and time of the proper conventions of such subdi- 
visions of the party, and all such other proper matters and things as 
will make its primaries effective, fair and equal, and shall make only 
such small changes in the time of the suggested primary election day 
or the convention days as may be required by this act in order to have 
all the primari<^s of each political party held on the same day; but 
such central or managing committee, even if no request in writing is 
returned, may include the primaries and conventions of all such lesser 
territorial subdivisions of the party. If such central or managing 
committee, after receiving such request in writing, files said call or 
application without including therein the primaries and conventions 
of the subdivision of the party making a request in writing, as afore- 
said, such subdivision of the party shall be entitled to hold its pri- 
maries together with the general party, upon filing with the proper 
public officer, clerk or board, at least 17 days before the primary elec- 
tion day. an application in writing, which shall set forth the fact of 
such omission, the name of the headquarters of the subdivision of 
such party, the name, place and time of the lawful conventions desired 
to be held by such subdivision of the party, and containing also such 
other suggestions and statements as will make it possible for the 
proper authorities to include the primaries of such subdivision of the 
party in the general primaries of the general party. In default of 
such central or managing committee in filing any call or application 
at least 38 days before nomination certificates for the regular election 
day are due, then each subdivision of such party whose lawful pri- 
maries are then in order may. not less than 35 days before the day 
such certificates are due, file its own call or application, and the law- 
ful officer, board of election commissioners, or the county clerk, as the 
case may be, with whom the calls are lawfully filed, shall, in an order 
or memorandum, substantially in the form of a call or application, fix 
one and the same day for all such primaries, and shall determine and 
fix upon all other things necessary to have such applicants have an 
effective, fair and equal primary election with as little public expense 
as possible. 



288 ELECTIONS. 



§ 69. Such call or application shall be signed by the chairman 
and attested by the secretary of the central committee or managing 
committee of such political party or organization, verified by oath 
that the facts therein stated are true and that they are, respectively, 
the chairman and secretary of such committee. No persons and no 
political party or organization shall use the name of another jDolitical 
party or organization ( or any designation similar to that of another 
j)olitical party or organization) in such manner as to deceive voters. 
Upon the filing of such call or apjDlication, according to the provi- 
sions of this act, any political partv or organization which, at the last 
preceding general election for prebideiitial electors in this State, 
polled at least twenty per cent of the entire vote cast in the whole 
county, city, village or incorporated town, represented by such politi- 
cal party or organization, shall be allowed to hold a primary election 
under this act. 

§ 70. At least ten days before the primary election day, designated 
as aforesaid, it shall be the duty of the board of election commission- 
ers, or the county clerk, or both, as the case may be, upon the appli- 
cation or call of any political party entitled thereto, as aforesaid, 
through its central committee, or managing committee, as aforesaid, 
to give notice of such primary election. Such notice shall contain 
the name of the political party or organization for which such 
primary election is to be held, the name, place and time of each 
convention, according to the application or call aforesaid, to be held 
by such party for the nomination of candidates for public office, the 
date uj)on which such primary election is to be held, the description 
of each of the various primary election districts, the location of the 
polling place for each such district, and the number of delegates to 
be elected from each primary district to each convention. Such 
notice shall be posted in five public places in each primary district. 
But no failure or error in noticing or in the application aforesaid, 
shall invalidate any primary election actually held, and any primary 
election held joursuant to any notice substantially like the above 
notice shall be deemed to be held under this act, and all justices of 
the peace, and all judges of courts of record in the territory for which 
such primary election is called shall take judicial notice of the hold- 
ing of such primary election under this act. 

§ 71. For purposes of primary elections under this act, and in the 
more sparsely settled country, a regular election precinct may con- 
stitute a primary election district; but in poi^iilous sections, in order 
to save expense, from two to seven, but no more, entire contiguous 
election precincts of the same ward, or other political division, in as 
compact a form as practicable, may be joined so as to form one 
primary election district, but in such manner that each primary 
election district, consisting of two or more regular election precincts, 
shall include at least three regular election judges and two regular 
election clerks residing within such primary district and belonging to 
the party establishing such primary district. In no event shall any 
Ijrimary district contain more than eight hundred voters, to be 
ascertained by the party vote of the party holding said primary 



ELECTIONS. 239 



election cast at the last preceding presidential election Primary 
districts, when lawfully established, shall remain so established for 
each party's successive primaries for the jDeriod of four years, except 
as changes may be necessitated by law: Provided, that where a 
regular election precinct consists of, and is co-extensiye with, a con- 
gressional township, theli said congressional township shall constitute 
one primary election district within the meaning of this act: 
And, provided, fiu'ther, that in such case, and in any case where 
there exists no board of election commissioners, and where the judges 
and clerks of election are apx^ointed and chosen by a board of su^^er- 
visors or board of county commissioners, then the judges and clerks 
who are to serve as judges and clerks of any primary election shall be 
members of the political party holding such primary election; and if 
there are no judges and clerks of election in and for such congres- 
sional township who belong to, and are members of, the political party 
seeking to hold a primary election under the provisions and within 
the meaning of this act, then the county central or governing commit- 
tee of such political party shall have and is hereby granted, the power 
and right to name, appoint, notify, direct and qualify such members 
of its own party as are otherwise eligible under the provisions of this 
act to serve as judges and clerks of such or any primary election held 
under and within the meaning of this act. In each such primary 
election district there shall be a primary polling place, which shall 
be as near the center of population of such district as is practicable, 
and such primary polling place shall be in the most public, orderly 
and convenient part of such primary district, and within a room per- 
mitting easy ingress and egress to voters, and no building shall be 
designated or used as such polling place in which spirituous or intox- 
icating liquor is sold, or which is within one hundred feet of anyplace 
where such liquor is sold. The central committee or managing com- 
mittee of any political party or organization entitled to hold such pri- 
mary elections under this act shall establish such primary election 
districts and designate such polling places according to this act not 
less than twenty days before such primary election day. In default 
of such central committee or managing committee designating such 
13rimary election districts and polling places, the same shall be done 
by the member or members of the board of election commissioners 
representing said party; or, if no such board exists in any part of the 
county, then by the judge of the county court, and where there is a 
board of election commissioners which does not have jurisdiction over 
the entire county then the county court shall do the same over such 
territory in his county where said board of election commissioners 
does not have jurisdiction. 

§ 72. Not less than ten days before such primary election day, the 
certain person, officer, officers or board, or board of election commis- 
sioners, as the case may be, by the general election law authorized to 
appoint judges and clerks for general elections, is and are hereby 
empowered to appoint, and shall, for each primary election district, 
appoint and swear in from the list of duly appointed and regular elec- 



240 ELECTIONS. 



tion judges and clerks, and otherwise as herein provided, three judges 
and two clerks, who are members of such political party, to serve re- 
spectively as judges and clerks at such primary election: Provided, 
however, that such political x^artyor organization, through its central 
or managing committee, shall have the right, not less than 20 days 
before such primary election day, to designate and name for appoint- 
ment for service at such primary elections such certain of the regu- 
larly listed judges and clerks as were originally recommended and 
named or endorsed for appointment as regularly elected judges and 
clerks by such political party; and in case there are not a sufficient 
number of listed regular judges and clerks so originally recommended, 
and named or endorsed by such political party to equip all iDrimary 
polling places of such party, then such political party or organization 
may, not less than 20 days before such i^rimary election day, through 
its central or managing committee, recommend to such appointing 
power a sufficient number of qualified persons for appointment to 
serve as primary election judges and clerks to equip all the pri- 
mary polling XDlaces of such party: and such person, officer or board 
having such appointing power, to whom or to which such names 
are designated by such political party as aforesaid, shall, not less 
than ten days before said primary election day, select from the 
names so recommended, and shall notify, appoint and swear in such 
Ijersons if qualified to act as judges and clerks at such primary elec- 
tion: and such persons so appointed shall serve as judges and clerks, 
respectively, at such primary election. Except when only one or two 
regular election precincts form a primary election district, no two 
judges and no two clerks shall serve at the same primary polling 
place who reside in the the same regular election precinct. In de- 
fault of such designation or recommendation of such judges and 
clerks by such political party, and in any case of vacancy among pri- 
mary judges and clerks, then such person, officer or board having the 
appointing power as aforesaid shall appoint and swear in from the 
list of duly apijointed and regular election judges and clerks who are 
members of such party a sufiicient number of judges and clerks to 
equip all the primary polling places of such party. Such judges and 
clerks appointed under this act shall take an oath of ofiice substan- 
tially as follows, and shall subscribe their names to the same: 

"I residing at ■. in the city 

(village or town ) of in the State of Illinois, do 

solemnly sw^ear (or affirm) that [I] am a legal voter and a member of 

the party and a householder in the ward 

of the city (village or town ) of in the State of 

Illinois; that I will support the laws and Constitution of the United 
States and of the State of Illinois, and that I will faithfully and 
honestly discharge the duties of primary election judge (or clerk) for 

the primary election district of the ward, of the 

city ( village or town ) of in the county of 

in the State of Illinois, according to the best of my ability. 

Dated this day of A. D 



ELECTIONS, 211 



In due time before such primary election day such appointing per- 
son, officer or board shall notify every person designated as aforesaid 
and intended for appointment as judge or clerk of the fact of his 
selection; and he shall, unless excused by such person, officer or 
board, for good cause, be appointed as a judge or clerk, resiDectively, 
and he shall then be bound to serve as such judge or clerk for the 
ensuing primary election. Such person, officer or board appointing 
judges and clerks as aforesaid shall keep a record of the names of all 
such persons so notified to appear, and whether such persons were 
rejected for want of qualification or excused for cause; in such case 
the facts shall be noted. In case any person so notified shall not ap- 
pear before such person, officer or board, as required in this act, or if 
he do appear and refuse to serve, or if he shall be sworn to serve and 
fail to serve on the day appointed, he shall be guilty of a misde- 
meanor under this act, unless good cause be shown to excuse his de- 
fault for such service. In case the person intended for appointment 
does not appear upon notification, then other persons shall be notified 
as aforesaid until eligible persons are found who will serve. All per- 
sons subscribing to the oath as aforesaid, and all persons actually 
serving as judges and clerks at any primary election, whether sworn 
in or not, shall be deemed to be, and are hereby declared to be, offi- 
cers of the county court of the respective county; and such persons 
shall be lifible to punishment by such court in a proceeding for con- 
tempt for any misbehavior as such judge or clerk, to be tried in open 
court on oral testimony, in a summary manner, without written 
pleadings ; but such trial or punishment for contempt of court shall 
not be any bar to any criminal proceedings against such primary 
judges or clerks for any violation of this act. 

§ 73. All the law^s of this State respecting the general elections in 
this State, now or hereafter in force in any election precinct or dis- 
trict in such county, city, village or incorporated town, except as the 
same are modified by the provisions of this act. and so far as the 
same are applicable to primary elections provided for in this act, are 
hereby declared to be in force in each primary election district re- 
specting the primary elections provided for in this act. Polling 
places in the respective i3rimary election districts shall be appointed, 
provided, established, furnished, warmed, lighted, maintained, con- 
ducted and supervised: and all necessary ballot boxes, registry 
books, return sheets, blanks, poll books, stationery and supplies shall 
be provided, furnished, delivered and used; and notices of such pri- 
mary election shall be posted; and all judges and clerks shall be paid, 
appointed upon the recommendation of the central committee or 
managing committee, as aforesaid, qualified, notified, directed, in- 
structed, sworn, and vacancies in their number supplied; and such 
primary election in each election district shall be conducted, super- 
vised, regulated and controlled; and after being used at any primary 
election, all registry books, jjoll books, ballots, statements, returns, 



-16 L • 



242 ELECTIONS. 



ballot boxes, ballot box keys, and other election paraphernalia shall 
be preserved, kept, stored, accounted for and returned: and the poll- 
ing jjlaces and the polls of such primary election shall be o^Dened and 
closed respectively; 

In the same manner and by the same persons or officers or board or 
judges and clerks, as is provided by the law in force in any election 
precinct or district in such county, city, village or incorporated town, 
respecting the general elections, excei3t as such general election laws 
are modified by this act. The certain person, officer, board, board of 
election commissioners, or any or all of them, by the general election 
law authorized to furnish or have the custodj^ of general election bal- 
lot boxes, general registry books of voters, and other election para- 
phernalia, shall, in due time before jjrimary election da}", notify one 
or more of the judges of each election district to appear before such 
person, officer or board in due time before primary day; and such 
judges shall appear within such time and such person, officer or board 
shall deliver to such judge or judges for each primary election district 
one regular election registry book of voters for each regular election 
precinct included in the primary election district, also sufficient poll 
books, tally sheets, blank affidavits, oaths, statements of votes, dele- 
gates' certificates of election: also all other blanks, papers and sup- 
plies necessary to carry out the provisions of this act. 

§ 74. The expense of conducting such primary elections shall be 
paid by the county, or by the city, or by the village or incorporated 
town, respectively, to which this act shall apply, as hereinafter pro- 
vided, including the salaries of judges and clerks, the cost of ballot 
boxes, registry books, poll books, return sheets, stationery, supplies, 
polling places and such other expenses as are necessary and inci- 
dental to carrying out the provisions of this act. The board of 
election commissioners, where such board has jurisdiction, 
otherwise the county clerk, shall audit all the claims of 
such judges and clerks of such primary election: Provided, 
that in cities, villages and incorporated towns where there 
is a board of election commissioners all expense incurred 
by such board of election commissioners shall be paid by 
such city. Such expenses are to be audited by the county judge and 
shall be paid by the city treasurer upon the warrants of such county 
judge out of any money in the city treasury not otherwise appropri- 
ated. It shall be the duty of the governing authority of such city to 
make provision for the prompt payment of such expenses. At all pri- 
mary elections for city officers though other than city officers may be 
nominated at the same time, and at all primary elections in a part of 
such city, such city shall pay such judges and clerks for their services 
under this act. At all general county and State primary elections, 
though other than State and county officers are to be nominated, and 
at all primary elections where other than judicial officers are to be 
nominated, such county shall pay such judges and clerks for their 
services under this act. Said board of election commissioners shall 
audit all claims of judges and clerks and shall draw a warrant therefor 
upon such city or county treasury, as the case may be. 



ELECTIONS. 248 



§ 75. The jadges and clerks of such primary election shall be al- 
lowed the sum of five dollars each per day for their services in attend- 
ing such primary. 

§ 76. In order to be qualitied to vote at a primary election, the 
person offering to vote shall be a member of the particular party and 
legally qualified to vote at thr next ensuing regular election. He 
shall be registered on the regular election registry books within the 
primary district and reside within the district in which he offers to 
vote: Provided, no person shall be deemed to be a memlser of a par- 
ticular party if he has signed any petition for the nomination of any 
l^erson with reference to the nomination for the next ensuing regular 
elections, or if he has voted at the primary election of another party 
within the x^eriod of two years next preceding: Provided, that in all 
localities where there is no board of election commissioners having 
jurisdiction of general elections, every legal voter entitled to vote at 
regular elections within any election precinct included within the pri- 
mary district of which he is a resident, and who is a member of the 
political association or party holding the primary election, shall be 
entitled to vote at such primary election imder the regulations and 
restrictions applicable to the regular elections. 

§ 77. None but legally qualified voters residing in the primary 
district to be rexDresented shall be eligible as delegates to any conven- 
tion of such party. Judges and clerks acting as such at any 
X^rimary election shall be ineligible as delegates to any such 
convention. No x^erson shall act as a delegate in any such convention 
excexjt when elected a delegate, according to this act: Provided, 
that in the absence of a delegate, then the delegates x^resent rex^resent- 
ing the district shall select some one to represent such absent dele- 
gate or delegates. If no delegates from a given district are x^resent, 
then the delegates from the ward, division, or townshix), shall select 
any qualified member or members of the x^arty as delegates to fill such 
vacancy or vacancies: Provided, that any and all delegates who are 
so selected to rex^resent such absent delegates shall stand instructed to 
vote in the convention the same as such absent delegate or delegates 
were instructed to vote. 

§ 78. Any candidate for the nomination for Governor shall have 
his name x^rinted on the x^rimary ballot of his x'olitical x^arty. in each 
county, by filing in the office of the Secretary of State not less than 
thirty days before the x^rimary election a written request substantially 
as follows: 

''I of the county of in the State of 

Illinois, certify that I am a member of and affiliate with the 

party; that I am a candidate for the nomination for Gov- 
ernor before the next State convention of Illinois, and 

I hereby request that my name be x^laced ux^on the oflficial x^imary 
ballot of the x^arty in each county for that office."' 

Any candidate for the nomination for United States Senator shall 
have his name X3rinted on the x^riniary ballot of his x^olitical x^^nty in 



244 ELECTIONS. 



each county by filing in the office of the Secrtary of State not less 
than thirty days before the primary election, a written request sub- 
stantially in form as the foregoing request provided for candidates 
for Governor. The vote upon such candidates for United States Sen- 
ator shall be had for the sole purpose of ascertaining the sentiment of 
the voters in the respective parties. Each candidate for Governor 
and for United States Senator shall further file with the Secretary of 
State petition signed by no less than five thousand legal voters, mem- 
bers of the party in which he is a candidate for nomination. Not 
less than twenty-five days before the primary election, the Secretary 
of State shall certify to the county clerk of each county the names of 
all candidates for nomination for Governor and United States Senator,, 
together with their political affiliations, as specified in the written re- 
quest on file in his office. Each candidate for Governor and for 
United States Senator of the respective parties shall pay to the Sec- 
retary of State a filing fee of one hundred dollars. The officer or 
board having charge of elections shall cause to be delivered to the 
Secretary of State within ten days following such primary election, 
the total vote cast for each candidate of the respective parties for 
United States Senator and for Governor within their jurisdiction. 
The Secretary of State shall cause to be delivered to the chairman of 
the State convention of the respective parties next following such pri- 
mary election, upon the assembling of such State convention of the 
respective parties, the total vote by counties for each candidate for 
United States Senator and for Governor of the respective parties. It 
shall be the duty of the secretaries respectively of State conventions 
to read to the convention before any candidate is put in nomination 
the total vote by counties received by each candidate of the respective 
parties voted for upon the primary ballots provided for in this act. 

§ 79. Any candidate for the nomination of Representative in Con- 
gress, member of the General Assembly, mayor or alderman, shall 
have his name printed upon the primary ballot of his party in the 
district within wdiich he is a candidate, by filing in the county clerk's 
office of the county where such candidate resides, and filing copies 
thereof in other counties where the territory in which he is a candi- 
date extends to such counties, not less than twenty-five days before 
the primary election, a written request substantially in the following 
form: 

"I, of the county of in the State of Illi- 
nois, certify that I am a member of and affiliate with the 

Ijarty ; that I shall be a candidate for the nomination for 

(describe office), before the next convention in the 

district of Illinois, and I hereby request that my name be 

placed on the official primary ballot of the party for said 

primary election. 



The candidates named in this section shall pay the following fees: 
Each congressional candidate $100, each candidate for Senator $50, 
each candidate for member of the House of Reijresentatives $25, each 



ELECTIONS. 245 



candidate for mayor $75. each candidate for alderman $25. Such fees 
shall be proportionately divided among the respective counties of the 
district. Each candidate shall further file in the office of the Secre- 
tary of State a petition signed by at least five per cent of the voters 
of his party in the district as shown by the last preceding election for 
president. The officer or board having charge of elections shall cause 
to be delivered to the chairman of the respective conventions the re- 
sult of the vote for said candidates last above mentioned. It shall be 
the duty of the secretaries of said respective conventions to read to 
their conventions before any candidate is put in nomination the total 
vote by districts received by each candidate of the resi3ective party 
voted for upon the primary ballot provided for in this act. 

§ 80. No candidate for the nomination for any office, who has not 
complied with the provisions of this act shall be nominated by any 
convention: Provided, that any convention may by a three-fourths 
vote of all its members nominate a person whose name did not appear 
upon the primary ballot; and in case of a vacancy by death or other- 
wise, any convention may. by a majority vote of all its members, 
select any qualified person as candidate to fill all such vacancies: 
Provided, that in case of a vacancy upon the ticket, by death, decli- 
nation or otherwise, after the convention has adjourned, said vacancy 
shall be fillea by the State central committee in case of State nomi- 
nations, and by the county central committee in case of all other 
nominations, unless the respective conventions shall otherwise pro- 
vide for the filling of such vacancies. 

§ 81. Section 21 of an "Act to provide for the printing and distri- 
bution of ballots at public expense, and for the nomination of candi- 
dates for public offices, to regulate the manner of holding elections 
and to enforce the secrecy of the ballot." approved June 22. 1891, in 
force July 1, 1891, as amended by an act approved June 19, 1893, in 
force July 1, 1893, is hereby made applicable to primary elections 
lield under the provisions of this act. 

§ 82. The voter shall forthwith and without leaving the polling 
place retire alone to one of the voting booths and prepare his ballot 
unless the same has been prepared prior to entering the polling 
place by making a cross "X" in the square in front of and opposite 
the name of each candidate of his choice for each office to be filled. 

§ 83. The candidate of any party for the nomination for Governor, 
whose name appears on the primary ballot of his party in any county, 
who shall have received the highest number of votes cast for any 
•candidate for such office by his party in any primary district in such 
county, as shown by the certificate of returns, shall be entitled to 
receive and shall have cast for him the vote of all the delegates from 
said primary district in the nominating convention, and such fact 
shall be stated in the credentials issued to the delegates to the State 
convention of said party from said district. 

§ 84. The candidate of any party for the nomination of any congres- 
sional, senatorial, aldermanic or mayoralty office whose name appears 
<on the primary ballot of his party in any district who shall have re- 



246 ELECTIONS. 



ceivecl the highest number of votes cast for any candidate for such 
office by his party in said primary district, as shown by the certificate 
of returns, shall be entitled to receive and shall have cast for him the 
votes of all the delegates from said primary district in the nominat- 
ing convention, and such fact shall be stated in the credentials issued 
to the delegates to the respective conventions of said party from said 
district. And a congressional, aldermanic or mayoralty convention 
may by a majority vote, nominate a candidate whose name appeared 
on the primary ballot as a candidate for any of said offices: Pro- 
vided, hoicevc)'. if it shall be ascertained by a roJl-call that no candi- 
date shall have a majority of the delegates in such convention, and 
that a nomination is thereby rendered impossible, then the primary 
district shall, by a majority vote of its delegates, direct in its discre- 
tion when the delegates may cease to vote for the candidate who has 
received the highest number of votes cast for any candidate for such 
office in any such primary district. 

§ 85. At such primary elections the manner of voting shall 
be by ballot. The ballots shall be of uniform size, which size 
shall be designated at least twenty days before the primary elec- 
tion by the officer or board having charge of the election, rmder 
the general election law, and said officer or board shall, within 
said time, also designate the color of paper for the respec- 
tive parties for said primary election, a different color to be 
designated for each party, and shall furnish to persons de- 
siring to prepare ballots, paper upon which said ballots shall be 
printed, and said paper shall so be furnished at the price which it 
costs said officer or board. The ballots shall be printed or written, or 
partly printed or partly written, upon said paper so provided and de- 
signated. No primary ballots shall be furnished or i^rinted at public 
expense. The primary election ballots shall be arranged and printed 
substantially in the manner following, to-wit: At the top of the bal- 
lot shall be printed, in large capital letters, words designating the 
ballot. If a republican ballot, the designating words shall be. "Re- 
publican Primary Ballot." If a democratic ballot, the designating 
words shall be "Democratic Primary Ballot."' and in like manner for 
each political party. Immediately under such discriminating words 
shall be printed [XX]. in capital letters, words describing the number 
of the primary district, the number of the ward and the location of 
the polling place. Beginning not less than one inch blow [below] the 
designating words, the name of each office to be filled shall be ijrinted 
in capital letters, in the following order, to-wit: Governor. United 
States Senator. Representatives in Congress, Senatorial officers, 
mayor, aldermen. Below the name of each office shall be printed, in 
smaller capital letters, the names of all candidates (alphabetically 
arranged according to surnames) for the nominations of said office 
which are entitled to be placed upon the respective primary ballots. 
The names of all candidates upon the primary ballot shall be printed 
in type of uniform size atid style and the names shall be printed in a 
vertical column. Immediately in front of and opposite the name of 
each candidate shall be printed a square, and all squares upon the 



ELECTIONS. 247 



primary ballot shall be of uniform size. Spaces between the names 
of candidates for each olfice shall be uniform, and sufficient spaces 
shall separate the names of candidates for one office from the names 
of candidates for another office to avoid confusion. The name of each 
delegate for whom the voter intends to vote shall appear on one bal- 
lot, on one and the same side thereof, in plain letters, together with 
the name of the convention to which such delegates are to be elected. 
Immediately preceding the list of delegates to any convention shall 
appear the name of the candidate or candidates for direct nomination, 
as hereinbefore provided, or for whom such delegates are expected tO' 
vote in such convention. Unless ballots substantially comply with 
this act in size, color and other provisions herein provided for, the 
same shall be void for all purposes and shall not be received or depos- 
ited or counted by any jjerson or judge at any such primary election. 
The proper officer or board shall, not less than 20 days prior to a x^ri- 
mary election provide and issue a form of primary ballot as a guide 
for use in printing primary ballots, which form shall be followed in 
the preparation of all primary ballots, and all ballots not in accord- 
ance with the provisions of this act, but which by any mistake may 
have been deposited in the ballot box, shall be void, and shall be 
marked "defective" on the back thereof; but no ballot shall be defect- 
ive because the voter depositing the same has named upon it a less 
number of delegates than such voter was entitled to vote for. If the 
voter votes for more persons than there are delegates to be elected to 
a certain convention, or if for any reason it is impossible for the 
judges to determine the voter's choice, such ballot, or part thereof, 
shall not be counted. Ballots not counted shall be marked "defect- 
ive" on the back thereof, and ballots to which objection has been 
made by either of the judges or challengers shall be marked "objected 
to" on the back thereof, and a memorandum, signed by the judges, 
stating how it was counted, shall be written upon the back of each 
ballot so marked, and all ballots marked "defective" or "objected to" 
shall be enclosed in an envelope, securely sealed and so marked and 
endorsed as to clearly indicate its contents. The judges shall receive 
from any person and permit to be freely and equally exposed 
in separate and orderly piles, within the polling place, near 
the ballot-box and within reach of voters, a sufficient supply of 
each of the various primary tickets or ballots; and the judges shall 
hand one of each of the various tickets to each and every person 
qualified to vote: and whenever the supply of any of the various 
tickets becomes insufficient, the judges shall immediately mention 
the fact of such insufficiency to one or more of the candidates or 
persons interested in said ticket. Any judge or clerk, or any other 
person, who shall in any manner conceal or remove or destroy any 
such supj)ly of tickets, or who shall hinder or prevent or interfere 
with the free and equal reception, exposure, distribution, use or 
supply of such various primary tickets or ballots, or who shall do any 
electioneering within 100 feet of the polling place shall, upon con-^ 
viction thereof, be deemed guilty of a misdemeanor. ■, 



248 ELECTIONS. 



§ 86. The polls of such primary election shall be opened at 12:00 
o'clock noon, and continue open until 7 :00 o'clock in the afternoon of 
the same.daj', at which time the polls shall be closed; if any jiidge or 
clerk, without lawful excuse, shall be behind time for fifteen (15) 
minutes after the time for opening such polls, he shall be guilty of a 
misdemeanor under this act and punished accordingly. No judge or 
clerk shall absent himself to exceed five (5) minutes at any time 
until the ballots are all cast and counted and returns made; and, when 
absent for any cause during such time, said judge or clerk shall 
authorize some one of the same political party with himself to act 
for him until his return. If any judge or clerk shall not be present after 
the expiration of fifteen (15) minutes from the time to open the polls, 
the judge or judges present shall fill the place of such absent judge 
or clerk, and one of the judges shall administer to such substitute the 
oath, as required of the judges or clerks when originally appointed, 
and blank forms shall be provided for such purpose, which oath shall 
be preserved and returned by the judges to the proper officer or the 
board, and such appointee shall be subject- to the same punishment 
and penalties as any other judge or clerk. Whenever such regular 
judge or clerk shall be present, such substitute shall cease to act. 
If all judges or clerks fail to appear at the proper time at the i)olling 
place, or in case no primary judges and clerks have been appointed as 
provided in this act, then bystanding voters of such primary district 
to the number of five (5) or more of such political party may elect 
legal voters of such party to act as judges or clerks. Such judges and 
clerks, elected as last aforesaid, shall have full power to conduct such 
primary election in accordance with this act. Any judge or clerk 
who shall wilfully absent himself from the polls on such primary 
election day without good cause shall be guilty of a misdemeanor 
under this act, and if any judge or clerk shall wilfully detain any 
registry book or poll book, or other election paraphernalia, and not 
cause it to be produced at the polling place at the opening of the 
polls, or for fifteen (15) minutes thereafter, he shall be guilty of a 
misdemeanor under this act. If, for any good cause, a primary 
election can not be held at the polling place designated or appointed 
as aforesaid, the judges of such polling place may, at the time set for 
opening the polls of such primary election, adjourn such election to 
the most convenient i^olling place, near by, which is otherwise suit- 
able according to this act, and such judges shall publicly proclaim 
such change and j)ost a notice of such change on the jDolling place 
originally appointed. 

§ 87. Before voting begins the ballot box shall be empty; and it 
shall be opened and shown to those present to be empty; and it shall 
not be removed from the public view from the time when it is shown 
to be empty until after the close of the polls. It shall be locked and 
the key delivered to one of the judges, and it shall not again be 
opened until the close of the polls. The judges of election shall each 
be held guilty of a misdemeanor under this act, if such ballot box 
shall not by them be kept constantly in public view during 



ELECTIONS. 



249 



the progress of the election, unless it shall be shown by 
any judge that he protested against any obstruction of the 
view of the ballot box and was overruled by the majority of the 
judges. Voters shall be admitted within the polling place and there 
shall be permitted no handing in of votes through windows, doors or 
other openings. 

§ 88. Each of the clerks of election, in the poll books ke|3t by 
him, shall enter in the proj)er column the name of each jjerson whose 
vote is duly received for de]30sit in the ballot box ; and in the column 
under the heading "Number" he shall note the successive number of 
each successive voter; and in the column headed "Residence" he shall 
note the residence of each such voter. Each page of such special 
book shall be substantially in the following form: 

EEPUBLICAN (OR DEMOCRATIC) POLL BOOK. 

Of a primary election held in the primary district of 

the ward, of the city of town of 

county of on the day of 

A. D. 19... 

This is to certify that the within list is a correct list of (Republi- 
can or Democratic) voters at a primary election held on the 

day of A. D. 19 .... in the primary district of 

the ward, in the city of town of 

county of and State of Illinois. 

And that on said primary election day 19 ... . the 

undersigned judges and clerks served, and are entitled to pay therefor. 



Judges of Election. 



Clerks of Election. 
Dated 19, 



Number of Votes. 


Names of Voters. 


Residence. 


1 






2 






3 






4 






5 






6 











250 ELECTIONS. 



Such poll books shall otherwise be of the form, and shall contain 
the same certifications, as nearly as may be, as the poll books used in 
the regular elections, and such poll books shall be signed and attested 
in the same manner as poll books for the purpose of regular elections. 

§ 89. One of the judges of such election shall receive the ballot 
from the voter and shall announce the residence and name of such 
voter in a loud voice; such ballot shall be folded by the voter in 
such a manner that the contents thereof cannot be seen without 
unfolding such ballot. If the judges of election are satisfied that 
the person offering to vote is a legal voter, whose name is registered 
on the regular election registry books, except as herein otherwise pro- 
vided for localities where there is no board of election commissioners, 
and are satisfied that he is a member of the political party holding 
such primary election and if no challenge is interposed, the judge 
receiving such ballot shall again announce to the clerks of election 
the residence and name of the person offering such ballot, and such 
judge shall mark with pencil or ink the initials of his own name on 
the back of such ballot as it is folded, and thereupon such judge, 
after holding up and showing the ballot to be so marked, shall immed- 
iately, in the presence of the voter offering such ballot, and keeping 
the same in plain view of the judges and clerks of election and of 
such voters and challengers as may be present, deposit into the slot 
of the ballot box the ballot thus received and marked, and no other; 
and thereuijon the clerks of election shall enter upon the poll books 
in the proper column the name and proper successive number of each 
voter and his residence. The judges and clerks, and each of them, 
shall see to it that each ballot is endorsed as aforesaid. If. such per- 
son shall be challenged as disqualified, the iDerson challenging shall 
assign his reason therefor, and thereupon one of said judges shall 
administer to the person offering to vote an oath to answer all ques- 
tions truthfully, and if he shall take such oath he shall then be ques- 
tioned by said judge or judges touching such cause of challenge and 
touching any other cause of disqualification, and he may also be 
questioned by the person challenging him in regard to his qualifica- 
tions and identity; but if a majority of the judges are of the opinion 
that he is the person so registered and a voter qualified to vote at 
such party primary election, his vote shall then be received and de- 
posited. But if the vote of a person apparently registered be reject- 
ed by such judges, such person may afterwards produce and deliver 
an affidavit to such judges, subscribed and sworn to by him before 
one of said judges, in wdiich it shall be stated how long he has resid- 
ed in any precinct within such primary district and in the county 
and State; that he is a male citizen of the United States and is a 
member of the political party holding such election, and is a duly 
qualified voter at such primary election in such district and that he 
is the identical person so registered or so named. But the affidavit 
aforesaid shall be supported by an affidavit by at [least] two registered 
voters, who are householders residing in such primary district, stating 
their own residence and that they know such person to be a member of 



ILECTIOXP. 251 



the political party holding- such primary election, and that such person 
does reside at the place mentioned, and has resided in such primary 
district and in such election precinct, county and State for the length 
of time as stated by such person, which affidavit shall also be sub- 
scribed and sworn to as the affidavit last aforesaid. WhereuiDon the 
vote of such jjerson shall be received and entered as other votes. 
But the clerks having charge of such poll books shall state in their 
respective poll books the facts in such case and the name of the per- 
son challenging; and the affidavits so delivered to said judges shall 
be preserved and returned to the officer entitled to receive them. 
Any registered voter of the party in the district may challenge. 
Blank affidavits of the character aforesaid shall be sent out to judge 
[judges] of all the districts and the judges of election shall furnish 
the same on demand and administer the oath without criticism. 
Such oaths, if administered by any other officer than a judge of elec- 
tion, shall not be received: Provided. That no judge, challenger or 
other person shall in bad faith, or for purpose of delay, challenge or 
question registered votes [voters] of the district. 

§ 90. The judges of election shall permit each different ticket of 
delegates to be represented by a challenger chosen by a majority of 
those named for delegates on any particular ticket. Said challengers 
shall be protected in the discharge of their duty by the judges of elec- 
tion and the police. Said challengers shall be permitted to remain 
within the polling place in such a position as will enable them to see 
each person as he offers his vote and said challengers may remain 
within the polling place throughout the canvass of the vote and until 
the returns are signed. The challengers shall be permitted to re- 
main so near that they can see the judges and clerks are faithfully 
IDerforming their duties. 

§ yi. The judges of election shall admit one or more policemen to 
be present in said polling place at the time of such canvass. None 
but the officers of such primary election, challengers and peace officers 
shall occupy such polling place except for the purpose of voting. 

§ 92. The judges of election shall have the power to administer 
and certify oaths required during the progress of any primary elec- 
tion held under this act, and they shall have authority to keep the 
peace, and to cause any person to be arrested for any breach of the 
peace or for any breach of election laws, or any interference with the 
progress of such election or of the canvass of the ballots, and it shall 
be the duty of all officers of the law present to obey the orders of such 
judges of election, and an officer making an arrest by the order of 
any judge for any violation of the provisions of this act shall be pro- 
tected in making such arrest, the same as if the warrant had been is- 
sued to him to make such arrest. 

§ 9c5. Immediately upon the closing of the polls the judges and 
clerks shall proceed to canvass the votes polled. If two or more bal- 
lots are found folded together and within each other, so as to appear 
to have been cast by the same person as one ballot, and the inner bal- 



2o2 ELECTIONS. 



lot or ballots are without the ptoper initial mark, as provided in this 
act, then all such ballots so folded together, inchiding the outer one, 
whether such outer one is proj^erly marked on the back thereof as 
provided in this act or not, shall, as nearly as may be, in the same 
condition as found, be marked "stuffed," and such ballots shall be 
void and shall not be counted, and the same shall be placed in an en- 
velope marked "stuffed ballots," which envelope shall be sealed and 
preserved, together with the other ballots. If the ballots remaining 
shall be found to exceed the number of names entered on the poll 
lists, such judges and clerks shall reject the ballots, if any be found 
upon which the projjer initial marks do not appear. If the number 
of ballots still exceed the number of names entered on such poll list, 
the ballots remaining shall be replaced in the ballot box and the box 
closed and well shaken, and again opened, and one of the judges shall 
publicly draw out and destroy so many ballots unopened as shall be 
equal to such excess, keeping a note of the number of such ballots 
and noting the same on the statement of returns. Such judges and 
clerks shall then proceed to count, declare and record the votes in the 
follow^ing manner: The judges shall open all the ballots and place in 
separate piles those which contain the same names throughout. Each 
of the judges shall examine such separate piles and exclude from such 
piles any ballots which do not contain all the same names for all the 
same conventions. One of ^aid judges shall then take one pile of the 
ballots which contain the same names and count them carefully, ex- 
amine each name and convention on each of such ballots. Such judge 
shall then pass the ballots aforesaid to the judge sitting next to 
him, who shall count them in the same manner, and he shall 
then pass them to the third judge, who shall also count them 
in the same manner. The third judge shall then call the 
names of the loersons named in such ballots and the con- 
ventions for which they are designated, together with the number of 
votes for each so far as counted, and the poll clerks shall tally the 
number of votes for tach of such persons on tally sheets. When 
such judges have counted through such first pile of ballots containing 
the same names, and when the poll clerks shall have tallied the votes 
for each of the delegates named in such ballots, they shall then take 
up the next jDile of ballots containing the same names and 
shall count them in the same manner as last aforesaid. When 
the counting of each pile of ballots which contain the same 
names shall be completed, the poll clerks shall compare their 
tallies together and ascertain the total number of ballots of 
that kind so canvassed, and when they agree upon the number, one 
of them shall announce it in a loud voice to the judges. The judges 
shall then canvass the other kind of ballots, which, in names or con- 
ventions, do not correspond with one another. They shall be can- 
vassed separately by one of the judges, sitting between two other 
judges, which one judge shall read to the clerks from each such bal- 
lots each name and the convention for which such name is designated, 
and the other judges looking at the ballot at the same time, and the 



ELECTIONS. 253". 



poll clerks tallying the same. When all these ballots have been can- 
vassed in this manner, the clerks shall compare their tallies together 
and ascertain the total number of votes received by each person, and, 
when they agree upon the number, one of them shall announce in a. 
loud voice to the judges the number of votes received by each person. 
§ 94. Such canvass shall not be adjourned or postponed until the 
several statements hereinafter required to be made by the judges and_ 
clerks have been made and signed by them. Upon the completion of 
such canvass the judges of election shall declare the result thereof,, 
and such declaration shall he prima facie evidence of the result. The 
judges of election shall make three statements of all the votes cast at 
such primary election. Such statement shall be substantially in the- 
following form : 

EEPUBLICAN (OR DEMOCRATIC) 

STATEMENT OF VOTES. 

State of Illlinois, | 

>-ss. 

County of ) 

At a primary election held on the day A. D. 19. . 

between the hours of 12 o'clock noon and 7 o'clock p. m., at 

in the primary district of the ward, of the 

town of of the city of county of 

and State of Illinois, the following named persons received the num- 
ber of votes annexed to the (their) respective names for the following 
described conventions, to- wit: 





received . . , 

received . . , 

received . . , 


, . . . votes for city convention 
. . . . votes for city convention 
. . . . votes for city convention 




received . . . , 

received . . . , 

received ... 


. . . votes for town convention 
. . . votes for town convention 
. . . votes for town convention 




received .... 

received ... 

received . . . , 


. . .votes for ward convention 
. . . votes for ward convention 
. . . votes for ward convention 









This is to certify that the foregoing statement, showing the total 
number of votes for each of the above-mentioned persons for the con- 
ventions annexed to their respective names, is correct in every re- 
spect. 



254 ELECTIONS. 



Given under our hands this day of A. D . . 

Judges of Election. 



(Witnessed by) 



Clerks of Election. 

Such statements shall show the whole number of votes given for 
each loerson, and the convention for which he is designated, and such 
judges shall certify that such statements are correct in every respect, 
and the clerks of election shall witness the same. Each such state- 
ment and each sheet of paper forming a part of such statement shall 
be subscribed by the judges and election clerks. If any judge or 
clerk shall decline to sign such statements, he shall state his reasons 
therefor in writing, and a copy thereof, signed by himself, shall be 
enclosed with each statement. One statement, as aforesaid, of the 
votes cast shall, after being made out as aforesaid, be attached to the 
poll book; another statement as last aforesaid shall be enclosed in an 
envelope, properly endorsed and marked by such judges, and the same 
shall, by one of such judges, be addressed and carried to the office of 
the chairman of the central committee or managing connnittee of 
such political party, w^ho filed the call or application for primaries, and 
the receipt of such chairman shall be taken therefor. Another state- 
ment shall be enclosed in an envelope, which shall then be securely 
sealed, and each of the judges shall write his name across every fold 
at which the envelope, if unfastened, could be opened. On the out- 
side of such envelope shall appear substantially the following words: 

"Statement of all Rei^ublican (or Democratic) votes cast at the 

primary district of the ward of the town of 

county of on the day of 

A. D. 19...." 

The envelope last aforesaid shall be addressed to the person, officer, 
board or board of election commissioners, by the general election law 
charged wath the duty of receiving and preserving election returns, 
and one of the judges shall carry the same to such person, officer or 
board, as the case may be, and take a receipt for the same. 

§ 95. The judges of election of each primary district shall issue a 
certificate of election to each person who has received a plurality of 
all the votes cast for delegates to any particular convention from such 
primary district, and they shall deliver the same to the j)erson en- 
titled thereto. In case two or more persons each receive the same 
and the highest number of votes cast for delegates to the convention, 
then the judges of election shall then and there decide by lot which 
person or persons shall be entitled to such certificate, and they shall 
issue to each such person so chosen such certificate, and make a note 
of such fact upon the statements provided for in this act. Such cer- 
tificate of election shall be evidence prima facie of the right of the 



ELECTIONS. ZOi) 



person therein named to a seat in the convention therein named. 
The conventions shall be held at the times as hereinafter provided, as 
follows, to- wit: The county convention and the sanitary district con- 
vention, and whenever there are city officers to be elected at the fall 
election, said city convention shall be held on the Monday immediately 
following said primary election day. The Senatorial convention shall 
be held on the Tuesday immediately following said primary election 
day. The Congressional convention shall be held on the Wednesday 
immediately follow^ing said primary election day. The city conven- 
tion shall be held on the Monday immediately following said pri- 
mary election day. The ward and town conventions on the Tuesday 
immediately following said primary election day. 

§ 96. When a vacancy shall occur in any elective office, and a 
special election shall become necessary to till the same, the manag- 
ing committee of the several political parties for the territorial area 
in which such vacancy occurs, shall nominate the candidate or candi- 
dates for the respective parties. 

§ 97. Any person who shall wilfully, corruptly and falsely swear 
or affirm in taking any oath or affirmation prescribed by or upon any 
examination provided for . in this act, and every person who shall 
wilfully and corruptly instigate, advise, induce or procure any person 
to swear or affirm falsely [as] aforesaid, or attempt or offer so to do, 
shall be guilty of i^erjury, or subornation of perjury, as the case 
may be, and shall, upon conviction thereof, suffer the punishment 
directed by law in cases of wilful and corrupt perjury. 

§ 98. If any judge or clerk shall neglect or refuse to canvass the 
votes at the time and in the manner provided for in this act, or refuse 
to make the returns required in this act, he shall, upon conviction 
thereof be adjudged guilty of a misdemeanor under this act. 

§ 99. Every judge of election, clerk or other officer or person 
authorized to take part in or perform any duty in relation to any can- 
vass or official statement of the votes cast at such election in any dis- 
trict, who shall wilfully make any false canvass of such votes, or who 
shall make, enter, write, sign, publish or deliver any false return of 
such election, or any false statement of the result of such election, or 
any material writing incidental to such election, knowing the same to 
be false, shall, on conviction thereof, be adjudged guilty of a felony 
under this act. 

§ 100. If any person acting as a judge at such primary election 
shall wilfully, fraudulently and without lawful excuse refuse to make 
out, sign or deliver to the person entitled thereto any certificate of 
•election as delegate or alternate delegate, provided for in this act. or 
shall wilfully and fraudulently make out, sign and issue such certifi- 
cate of election to any person not entitled thereto, or shall issue such 
certificate of election to any person at any time in advance of the 
official count of the votes at such polling i^lace, or shall commit 
any other wilful or fraudulent act with reference to such certificate, 
such person shall, upon conviction thereof, be adjudged guilty of a 
felony under this act. 



256 ELECTIONS. 



§ 101. If any judge of a primary election shall, without urgent 
necessity, absent himself from the polling place during election, 
whereby less than a majority of all the judges of such election dis- 
trict shall be present during such hours of election or canvass of 
ballots; or if at any election any judge of election or clerk, shall,, 
knowingly and wilfully, receive any vote, or proceed with the can- 
vass of ballots, or shall consent thereto, unless a majority of the 
judges of election are present and concur, such judge or clerk shall 
be guilty of a misdemeanor under this act. 

§ 102. Any judge of election who shall wilfully exclude any vote 
duly tendered and unchallenged, kiiowing that the person offering the 
same is lawfully entitled to vote at such election, or who shall wil- 
fully receive a vote from any person who has been duly challenged in 
relation to his right to vote at such election, without exacting from 
such person such oath or other proof of qualifications as may be re- 
quired by law, shall, upon conviction thereof, be adjudged guilty of a 
misdemeanor under this act. 

§ 103. If any judge of election shall knowingly and wilfully cause 
or permit any ballot or ballots, or semblance thereof, to be in the 
ballot box at the opening of the jjolls and before voting begins, or 
shall knowingly, wilfully and fraudulently put, or permit to be put, 
any ballot or other jDaper having the semblance thereof, into any such 
box at any such election; or if any person other than a judge of elec- 
tion, shall at any such election wilfully and fraudulently put, or 
cause to be put, any ballot or ballots, or other paper having the sem- 
blance thereof, into any box used at such election for the reception of 
votes ; or if any person shall at such election fraudulently change or 
alter the ballot of any elector or substitute one ballot for another; or 
if any such judge of election or other officer or person shall fraudu- 
lently, during the canvass of ballots, in any manner change, substi- 
tute or alter any ballot taken from the ballot box then being can- 
vassed, or from any ballot box which has not been canvassed; every^ 
such judge or person shall, upon conviction thereof, be adjudged 
gailty of a felony under this act. 

§ 104. If any judge of election, clerk or other officer of election, 
of whom any duty is required in this act or by the general laws of 
this State, for the omission of which duty no punishment is provided, 
shall be guilty of any wilful neglect of such duty or of any corrupt 
or fraudulent conduct or practice in the execution of the same, he 
shall, ui^on conviction thereof, be adjudged guilty of a misdemeanor 
under this act. 

§ 105. Any person or member of a board, or any judge of election, 
clerk or other officer, who is guilty of stealing, wilfully and wrong- 
fully breaking, destroying, mutilating, defacing, falsifying or unlaw- 
fully removing or secreting or detaining the whole or any part of any 
ballot box or receptacle for ballots, or any record, registr_y of voters, or 
copy thereof, oath, return or statement of votes, certificate, poll list,, 
or of any paper or document provided for in this act; 



ELECTIONS. 257 



Or who shall fraudulently make any entry, erasure, or alteration 
therein, except as allowed and directed by the provisions of this act, 
or who permits any other person so to do, shall, upon conviction 
thereof, be adjudged guilty of a felony under this act. 

Every person who advises, procures or abets the commission of any 
of the acts mentioned in the last preceding two paragraphs, shall, upon 
conviction thereof, be adjudged guilty of a felony under this act. 

§ 106. If any person knowingly or wilfully shall obstruct, hinder 
or assault, or by bribery, solicitation or otherwise interfere with any 
judge of election, clerk or challenger, in the performance of any duty 
required of him or which he may be by law authorized or permitted 
to perform; 

Or if any person, by any of the means before mentioned or other- 
wise unlawfully shall, on the day of election, hinder or prevent any 
judge of primary election, clerk or challenger, in his free attendance 
and presence at the place of election in the primary election district 
in and for w^hich he is appointed or designed [designated] to serve: 

Or in his full and free access and egress to and from any such place 
of election; 

Or shall molest, interfere with, remove or eject from any such place 
of election any such judge of election, clerk or challenger, except as 
otherwise provided in this act, or shall unlawfully threaten, or attempt 
or ofPer so to do: 

Every such person shall be deemed guilty of a misdemeanor under 
this act. 

§ 107. If any i^erson shall wilfully disobey any lawful command 
of any judge of election, given in the execution of his duty as such, 
at any such primary election, he shall, upon conviction thereof, be 
adjudged guilty of a misdemeanor under this act. 

§ 108. If, on any day of primary election, or during the canvass 
of the votes cast thereat, any person shall cause any breach of the 
peace or be guilty of any disorderly violence, or threats of violence 
whereby any such election or canvass shall be impeded or hindered, 
or whereby the lawful proceedings of any judge of election or clerk, 
or other officer of such election or challenger, are interfered with, or 
causes intoxicating liquors to be brought or sent to the polling place, 
every such person shall, ujion conviction thereof, be guilty of a mis- 
demeanor under this act. 

§ 109. Any person who votes with a certain party at such pri- 
mary election, when he knows he is not qualified so to vote under the 
provisions of this act, shall upon conviction thereof, be deemed guilty 
of a misdemeanor under this act. 

§ 110. If any person who shall have been convicted of bribery, 
felony or other infamous crime under the laws of any state, and who 
has never received a i^ardon for such offense from the officer or board 
entitled to grant such pardon, shall thereafter vote, or offer to vote, at 



—17 L 



258 ELECTIONS. 



any primary election in such city, village or incorporated town, lie 
shall, upon conviction thereof, be adjudged guilty of a misdemeanor 
under this act. 

§ 111. If any person, knowing that he is not qualified to vote at 
such primary election, takes a place in any line of voters waiting to 
vote at any election, or if any person, after having voted at such elec- 
tion, takes a place in such waiting line, or if any person repeatedly 
takes a place in such waiting line without voting when the o^Dportu- 
nity comes, and who systematically gives up his place in such waiting 
line, such person shall, upon conviction thereof, be adjudged guilty 
of a misdemeanor under this act. 

§ 112. If at any such election, any person shall falsely personate any 
elector legally qalitied to vote at such primary election, and vote, or 
attempt or oiler to vote, in or upon the name of such elector or other 
person, living or dead; or shall knowingly, wilfully or fraudulently 
vote, or attempt or offer to vote more than once, or vote in more than 
one primary district; or shall by force, threat, menace, intimidation, 
bribery or reward, or offer or promise thereof, or otherwise unlaw- 
fully, either directly or indirectly, influence or attempt to influence 
any elector in giving his vote; 

Or shall unlawfully X3revent or hinder, or unlawfully attempt to 
prevent or hinder, any qualified voter from freely exercising the 
right of suffrage; 

Or shall, by any such unlawful means, compel or induce, or at- 
tempt to compel or induce, any judge of election or other officer to 
receive the vote of any person not legally qualified or entitled to vote 
at the said election; 

(3r by any such means, or other unlawful means, wilfully, know- 
ingly or fraudulently counsel, advise, induce, or attempt to induce, 
any judge of election or other officer of election, whose duty it is to 
ascertain, proclaim, announce or declare the result of any such elec- 
tion, to give or make any false certificate, document, report, return or 
other false evidence in relation thereto, or to refuse to comply with 
his duty, as specially provided for in this act, or to refuse to receive 
the vote of any person entitled to vote therein; 

Or shall aid, counsel, advise, procure or assist any legally qualified 
voter, person or judge of election, or other officer of election, to do 
any act by law forbidden, or in this act constituted an offense; 

Every such person shall, upon conviction thereof, be adjudged 
guilty of a misdemeanor under this act. 

§ 118. If any person shall, at any such election, fraudulently fur- 
nish any elector with a ballot containing more than the proper num- 
ber of names; 

Or shall intentionally practice any fraud upon any elector to induce 
him to deijosit a ballot as his vote, and to have the same thrown out 
and not counted, or to have the same counted for a person or candi- 
date other than the person or candidate for whom such elector in- 
tended to vote; or otherwise defraud him of his vote; or if any 
person shall order or cause to be printed a bogus or partly bogus pri- 
mary ticket, or a primary ticket of delegates or alternates without first 



ELECTIONS. 259 



having secured the consent of each person named on such ticket to 
stand as delegate or alternate delegate for a specified convention on 
that x^articular ticket of names; or if any person causes to be brought 
or sent to the vicinity of a polling place such unauthorized tickets in 
order that they may be distributed; 

Every such person shall, upon conviction thereof, be adjudged guilty 
of a misdemeanor under this act. 

§ 114. Any person who shall make, seek or obtain for himself or 
another a false certificate of election as delegate or alternate delegate 
to any convention, knowing that he or such other person is not enti- 
tled thereto, and any person who shall use, or attempt to use, such 
certificates of election, knowing the same to be false or fraudulent, or 
to have been issued for another person; and any person who shall 
fraudulently, knowingly and [and] without right, act as a delegate or 
alternate delegate to any such convention shall, upon conviction 
thereof, be adjudged guilty of a felony under this act. 

§ 115. If any person shall commit any act prohibited herein, or 
refrain from doing any act or duty required to be done herein, and if 
any person shall in any manner be guilty of a violation of this act 
whether the same is denominated an offense or not, and for which no 
punishment is herein specially provided, such person shall, upon con- 
viction thereof, be adjudged guilty of a misdemeanor under this act. 

§ 116. Any person adjudged guilty of an offense denominated a 
misdemeanor under this act shall be fined not less than twenty-five 
dollars ($25) nor more than one thousand dollars ($1,000), or shall be 
imprisoned in the county jail not less than one month nor more 
than two years, or any such person may be punished by both such 
fine and imprisonment. 

Any person adjudged guilty of an offense denominated a felony in 
this act shall be punished by imprisonment in the penitentiary for 
not less than one year nor more than five years. 

§ 117. The word "householder," as used in this act, shall mean 
the chief or head of a family, who resides with a family as a family, 
and who suj^ports and provides for such family as an independent 
family. 

§ 118. In all prosecutions and in all contests under this act it 
shall be the lawful duty of the clerk of the county, or of the board of 
election commissioners, or other officers having the custody thereof, 
to produce, open, exhibit and offer in evidence any notice, ballot book, 
registry book, bundle of ballots, returns, statements, or other docu- 
ments or papers relating to the particular prosecution or contest for 
the purpose of enabling a full investigation. 

§ 119. Irregularities or defects in the mode of calling, noticing, 
convening, holding or conducting any i:)rimary election authorized by 
law shall constitute no defense to a prosecution for a violation of this 
act. When an offense shall be committed in relation to any primary 
election an indictment for such offense shall be sufficient, if it allege 
that such election was authorized by law, without stating the call or 
notice of election aforesaid, the names of the judges or clerks holding 



260 ELECTIONS — FEES AND SALARIES. 



such election, or the names of the persons voted for at such election. 
Judicial notice shall be taken of this act in any county, city, village 
or incorjoorated town to which this act shall apply and of the holding- 
of any election thereunder on any primary election day. 

The provisions of this act shall not api^ly to the holding of the 
primaries for the nomination of candidates to be elected at any of the 
elections to be held in the year 1905. Such primaries may be held 
under the present primary law" or such nominations may be made by 
the central or managing committees of the respective political par- 
ties. 

§ 120. All laws or parts of laws in conflict herewith are hereby 
repealed. 

Approved May 18, 1905. 



FEES AND SALARIES. 



COUNTY SUPERINTENDENT OF SCHOOLS — SALARY. 
§ 1. Amends section 27, act of 1872. Approved May 16, 1905. 

§ 27. Salary of county superintend- 
ents fixed— additional compen- 
sation authorized— duties of 
Auditor. 

An Act to amend section 27 of an act entitled, "An act concerning fees- 
and salaries and to classify the several counties of this State ivith ref- 
erence thereto, approved March 29, 1872, in force July 1, 1872, title 
as amended hy act approved March 28, 187 Jf, in force July 1, 187Jj.. 

Section 1. Be it enacted hy the People of the St cite of Illinois 
represented in the General Assembly: That section 27 of an act en- 
titled, '"An act concerning fees and salaries and to classify the coun- 
ties of- this State with reference thereto,"' a^^proved March 29, 1872, 
in force July 1, 1872, title as amended by act approved March 28, 
1874, in force July 1, 1871, be, and the same is hereby amended so a& 
to read as follows: 

§ 27. County superintendents elected hereafter shall receive in 
full for all services rendered by them, in counties of the first class, 
twelve hundred and fifty dollars per annum ; in counties of the second 
class, sixteen hundred and fifty dollars per annum : in counties of the 
third class, seventy-five hundred dollars per annum: payable quar- 
terly from the State school fund: Provided, hoirerer, that the board 
of supervisors or board of county commissioners may allow addi- 
tional compensation for such services, payable quarterly from the 
county treasury. The Auditor in making his warrant to any county 
for the amount due it from the State school fund, shall deduct from 
it, the several amounts for which warrants have been issued to the 
county sujjerintendent of said county, since the next preceding ap- 
portionment of the State school fund. 

Approved May 16, 1905. 



FEES AND SALARIES. 201 



FEES IX COUNTIES OF THIRD CLASS 
-',§ 1. Sheriffs' fees fixed, 
g 2. Fees of recorder fixed. 
:§3. F>es of county clerks fixed. 



g 4. Sheriff and Recorder's fees to be paid in 

advance. 
§ 5. Repeal. 
Approved May 16, 190.5. 

,An..Act io provide for ilie fees of certain officers therein named in 
coimties of the third class, totcit: Shoiff, recorder and county 
clerk. 

Section 1. Beit enacted bij the People of the State of Illinois, 
represented in the General Assemhhj: That the officers herein 
named, in counties of the third class, shall be entitled to receive the 
fees herein siDecified, for the services mentioned and such other fees as 
may be provided by law for such other services not herein designated. 

Fees for Sheriff. 

For serving a writ of summons on each defendant, one dollar. 

For serving chancery summons and all other process served by 
•copy, on each defendant, one dollar and twenty-five cents. 

For serving a subpoena, on each witness, one dollar. 

For executing each capias, two dollars. 

For serving each garnishee, one dollar. 

For serving writ of scire facias to revive a judgment, foreclose a 
:mortgage or against bail, on each defendant, one dollar. 

For summoning each juror, fifty cents. 

For serving each writ of rej^levin, one dollar. 

For serving a writ of attachment, on each defendant, one dollar. 

For serving writ of possession, restitution, assistance or ejectment, 
"without aid. two dollars, and when aid is necessary, the sheriff shall 
be allowed to tax in addition the actual costs thereof. 

For serving notice of execution and copy, one dollar and twenty- 
five cents. 

For levying an execution or a writ of attachment, two dollars. 

For executing order of court to seize personal property, two dollars. 

For making certificate of levy on real estate and filing or recording 
same, one dollar, and the fee for filing or recording shall be advanced 
by plaintiff in attachment or execution and taxed as costs. 

For taking possession of or removing property levied on, the sheriff 
:shall be allowed to tax the necessary actual costs of such possession 
■or removal. 

For advertising property for sale, one dollar. 

For making certificate of sale and making and filing duplicate for 
Tecord, one dollar, and the fees for recording same shall be advanced 
by the plaintiff and taxed as costs. 

For preparing, executing and acknowledging deed on redemption 
from master's sale of real estate, five dollars; for preparing, executing 
•and acknowledging all other deeds on sale of real estate, two dollars. 

For making and filing certificate of redemption, one dollar and fifty 
cents, and the fee for recording same shall be advanced by party 
making the redemption and taxed as costs. 



262 FEES AND SALARIES. 



For making and tiling certificate of redemption from a master's 
sale, two dollars and fifty cents, and the fee for recording same shall 
be advanced by the party making the redemption and taxed as costs. 

For taking all bonds on legal process, seventy-five cents. 

For taking special bail, seventy-five cents. 

For returning each writ or process, fifty cents. 

Mileage for service of all process, five cents per mile each way, nec- 
essarily traveled in making snch service, computed from the place of 
holding court. 

For attending before a judge with a prisoner on writ of habeas 
corpus, two dollars per day. 

For executing writ of ad quod damnum, attending the inquest and 
returning the writ with the verdict of the jury, two dollars. 

For executing requisitions from other states, five dollars. 

For conveying each prisoner from his own county to the jail of a 
foreign county, per mile for going only, twenty-five cents. 

For committing to or discharging each prisoner from jail, fifty 
cents. 

For dieting each xDrisoner, such compensation to cover actual costs 
as may be fixed by the county board, but such compensation shall 
not be considered a part of the fees of the ofiice. 

For committing each prisoner to jail under the laws of the United 
States, to be paid by the marshal or other person requiring his con- 
finement, fifty cents. 

For dieting such prisoners per day, thirty- five cents, to be j)aid by 
the marshal or other person requiring his confinement. 

For discharging such prisoners, fifty cents. 

For conveying convicts to the penitentiary or reform school the 
following fees, payable out of the State treasury, viz: When but one 
convict is conveyed, twenty-five cents per mile, in going only, to the 
penitentiary or reform school from the place of conviction; when two 
convicts are conveyed at the same time, twenty-five cents per mile for 
the first and fifteen cents per mile for the second convict ; when more 
than two convicts are conveyed at the same time to the penitentiary 
or reform school as aforesaid, the sheriff shall be allowed twenty-five 
cents per mile for the first, fifteen cents per mile for the second, and 
ten cents per mile for each additional convict. 

In addition to the above fees, there shall be allowed to the sheriff" 
a commission of three percentum on all sales of real and personal 
estate which shall be made by virtue of any execution or any de- 
cree of a court of chancery, where the money arising from such sales 
shall not exceed two hundred dollars, and in all cases where the 
amount of such sale shall exceed $200, three percentum on the 
first $200 and 1| per cent on the balance shall be allowed: Provided, 
that in all cases where the execution shall be settled by the parties, 
replevied, stojjped by injunction or paid, or where the property levied 
upon shall not be actually sold, the sheriff shall be allowed his fee 
for levying and mileage, together with half the commission on all 
money collected by him which he would be entitled to if the same was 
made by sale on execution. 



1^'EES AND SALARIES. 263 



Fees of Eecoeder of Deeds. 

§ 2. For recording any deed or other instrument in writing, for 
every one hundred words, ten cents, and tw^enty-five cents for the cer- 
tificate of the recorder of the time of filing the deed or instrument for 
record, and the book and page of the record. 

For recording maps or xjlats of additions, subdivisions or otherwise, 
for each tract, parcel or lot contained therein, ten cents, and twenty- 
five cents for the certificate of the time of filing the same for record, 
and the book and page of the record thereof. 

For certified copies of records, the same fees as herein allowed for 
recording. 

Fees of County Clerks. 

§ 8. For each license and taking bond for ferry, toll-bridge, turn- 
pike road, tavern, saloon, grocery or peddler, two dollars. 

For issuing each marriage license, sealing, filing and recording the 
same, and the certificate thereto (one charge), one dollar and fifty 
cents. 

For each copy of rates for ferry, toll-bridge or turnpike road, twenty- 
five cents. 

For taking and certifying to the acknowledgment of a deed, power 
of attorney, or other writing, and sealing the same, twenty-five cents. 

For filing certificate in case of estrays, entering the same and fur- 
nishing notices for publication thereof, ( one charge ), seventy-five cents. 

For recording all papers and documents required by law to be re- 
corded in the office of the county clerk, for every one hundred words, 
ten cents. 

For swearing any person to an affidavit, not to be used in a case in 
the court of which he is a clerk, with certificate and seal, twenty-five 
cents. 

For certificate and seal, not in a case in a court whereof he is clerk, 
twenty- five cents. 

For making and certifying a copy of any paper or record in his 
office, for every one hundred words, ten cents. 

For filing j)apers in his office, for each paper filed, ten cents. 

For making transcript of taxable property for the assessors, three 
cents for each tract of land or town lot, and for extending other than 
State and county taxes, three cents for each tax on each tract or lot, 
and each person's personal tax, to be paid by the authority for whose 
benefit the transcript is made and the taxes extended, and it shall be 
the duty of the county clerk to certify to the county collector the 
amount due from each authority, and the collector, in his settlement 
with such authority, shall reserve such amount from the amount due 
and i3ayable by him to such authority. 

The following fees shall be allowed for services in matters of taxes 
and assessments, and shall be charged as costs against the delinquent 
property, and collected with the taxes thereon. 



264 FEES AND SALARIES. 



For entering judgment for each tract or lot. three cents. 

For services in attending the tax sales, and issuing certificates of 
sales, and sealing the same, for each tract or lot, twenty-live cents. 

For canceling certificates of sale for each tract or lot. twenty-five 
cents. 

For certificate of deposit for redemption, seventy-five cents, and for 
furnishing estimate of cost of redemption (when deposit for redemp- 
tion is not made at the time of furnishing estimate) twenty-five cents. 

For noting on collectors" warrants tax sales subject to redemption, 
for each tract or lot of land, ten cents, said fee of ten cents to be paid 
by either the person making redemption from tax sale, the person 
surrendering certificate of sale for cancellation, or the person taking 
out tax deed. 

§ 4. The sheriff and recorder of deeds shall, in all cases, be entitled 
to demand the payment of all fees for services in advance, so far as 
the same can be ascertained. 

§ 5. All acts and parts of acts in conflict with this act, are hereby 
repealed. 

Approved May 16, 1905. 



FEES OF CIRCUIT CLERKS. 

§ 1. Amends section 14, act of 1874. Approved May 16, 1905. 

§ 14. Fees of circuit clerks fixed for 
counties of first and second 
classes. 

An Act entitled, "An act to amend section fourteen {llf) of an act en- 
titled, 'An act concerning fees and salaries and to classify the several 
counties of this State with reference thereto/ approved March 29. 
1872, and acts amendatory thereto; title as amended hy act approved 
March 28, 1874, in force July 1, 187 If. 

Section 1. Be if enacted hy the People of the Stcde of Illinois 
represented in the General Assembly: That section fourteen (14) 
of an act entitled, "An act concerning fees and salaries, and to class- 
ify the several counties of this State with reference thereto," approved 
March 29, 1872. in force July 1. 1872, and acts amendatory thereto: 
title as amended by act approved March 28, 1874. in force July 1, 
1874, be and the same is hereby amended to read as follows: 

§ 14. The fees of the clerk of the circut court in counties of the 
first and second class shall be as follows: 

First. For all cases of narr and cognovit, for judgment to be en- 
tered in vacation, or in term time, in counties of the first class, $4.50. 

Second. In counties of the second class, $4.00. 

Third. In transcipts from a justice of the peace, or courts of rec- 
ord, or in cases of change of venue, in cases of appeal to said courts 
in both first and second class counties. $4.00. 



FEES AND SALAETES. 265 



Fonrtli. In transcripts of judgment from justices of the peace, or 
courts of record, for the i3urpose of creating a lien, in counties of the 
first and second class, including one execution, $8.00. 

Fifth. In cases of joroceedings for the exercise of eminent domain, 
the petitioner or petitioners shall pay the said clerk the sum of, in 
counties of the first class, $20. 

Sixth. In counties of the second class, $16. 

Seventh. In all other cases in common law, in counties of the first 
class. $6.00. 

Eighth. In counties of the second class, $5.00. 

Ninth. In actions of chancery, in all divorce cases, in counties of 
the first class, $6.00. 

Tenth. In counties of the second class, $5.00. 

Eleventh. In partition cases, in counties of the first class, $15. 

Twelfth. In counties of the second class, $12. 

Thirteenth. In cases to foreclose mortgages, in counties of the first 
•class, $10. 

Fourteenth. In counties of the second class, $9.00. 

Fifteenth. In all other chancery cases, in counties of the first 
class, $9. 

Sixteenth. In comities of the second class, $8.00 

Seventeenth. In all criminal cases, in counties of the first class, 
■$6. 

Eighteenth. In counties of the second class, $5.00. 

Nineteenth. For all executions, issued either as alias or pluries, 
$1. "For issuing each writ of habeas corpus, certiorari, or proced- 
endo, in counties of the first class forty cents; in counties of the sec- 
ond class, twenty-five cents." 

Twentieth. For each appearance of the defendant or defendants, 
respondent or respondents, appellee or appellees, to the clerk in all 
cases in counties of the first and second class, $1.00: Provided, that 
no fee shall be required when appearance is entered by guardian nd 
litem for minor defendants ; which sums shall in like manner be in 
full for all services rendered or to be rendered by the clerk for, or on 
behalf of the defendant or defendants, respondent or respondents, 
appellee or appellees, in or during the progress of such suit to 
the final termination thereof: Provided, for making up a complete 
record of proceedings and judgments, or transcript for change of 
venue, when directed by the court, for every one hundred words, in 
counties of the first class, 15 cents. In counties of the second class, 
10 cents. 

In all cases excej^t in criminal cases, wherein the same are dismissed 
or settled without trial at the term to which process is made return- 
able, one-half the fees provided in the foregoing shall be allowed. 

For taking depositions when requested and certifying to and sealing 
"the same, for every one hundred words, in counties of the first class, 
15 cents; in counties of the second class, 12 cents. 



266 



PEES AND SALARIES. 



For swearing persons to declaration of intention to become a citi- 
zen, and filing the same, in counties of the first and second class, 25 
cents. 

For copy of the same with certificate and seal, in all counties of 
first and second class, 25 cents. 

For making entry of record or (of) naturalization and for a copy 
thereof, or either, in all counties of first and second class, 50 cents. 

For taking acknowledgement of deed or other instrument of writing 
with seal, in counties of first and second class, 25 cents. 

For recording any deed or other instrument in writing, for every 
one hundred words, in counties of first class, 10 cents; in counties 
of second class, 8 cents, and a certificate to be made by the re- 
corder of the recording of a deed or other writing and the date of 
recording the same, signed by the clerk, shall be deemed sufiici<^nt 
evidence of the recording thereof, and for wdiich, including indexing 
said instrument, there shall be charged a fee of 25 cents in all counties 
of first and second class. 

For copies of records, the same fees as for recording. 

For entering each tract in entry book of conveyance, in counties of 
tirst class, 10 cents; in counties of second class, 5 cents. 

For recording every city, towm or assessor's plat, each lot or tract 
of land included in said jDlat, in counties of first class, 10 cents; in 
counties of second class, 8 cents, when the number of lots does not 
exceed twenty, and for each additional lot, 5 cents. 

For entering each tract of land or town lot named in any one deed, 
above five, in the entry book. 5 cents in first and second class. 

For attestation on margin of record, of releases and assignments of 
all instruments and indexing the same as regular releases are now 
indexed in the book kept for that purpose, 25 cents: Provided, that 
any poor person shall be allowed to commence suit without the payment 
of costs, by filing an affidavit that he is a poor person and unable to 
pay costs. 

Approved May 16, 1905. ■ • 



FEES OP RECORDER AND SHERIPF. 



§ 1. Amends sections 17 and 19, act of 1874. 
§ 17. Recorder's fees fixed. 



§ 19. Fees of sheriffs in counties of 
first and second classes fixed. 
Approved May 16, 1905. 



An Act to amend sections 17 and 19 of an act entitled^ "An act concern- 
ing fees and salaries, and to classify the several counties of this State 
luith reference thereto/' approved March 29, 1872, in force July 1, 
1872; title as amended hy act approved March 28, 187Jf, in force July 
1, .187 Jf. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections 17 and 19 of 
an act entitled "An act concerning fees and salaries, and to classify 
the several counties of this State with reference thereto," approved 



FEES AND SALARIES. 267 



March 29, 1872, in force July 1, 1872, title as amended by act ap- 
IDroved March 28, 1874. in force July 1. 1874. be and the same 
hereby are amended to read as follows: 

§ 17. For recording any deed or other instrument in writing, for 
every one hundred words, in counties of third class, ten cents, and the 
sum of twenty-five cents for the certificate of the recorder of the time 
of filing the deed or instrument for record, and the book and page of 
the record thereof. 

For recording maps or plats of additions, divisions, subdivisions, or 
otherwise, for each tract or lot contained therein, ten cents, and 
twenty-five cents for certificate of the time of filing the same for 
record, and the book and page of the record thereof. 

For copies of records, the same fees as for recording. 

§ 19. The fees of sheriffs in counties of the first and second class 
shall be as follows: 

For serving a writ or summons on each defendant, in counties of 
the first class, seventy-five cents: in counties of the second class, 
sixty-five cents. 

For serving chancery summons and copy, or writ of injunction and 
copy, in counties of first class, one dollar; second class, seventy-five 
cents. 

For taking special bail, twenty-five cents in each county. 

For serving a subpoena on each witness, in counties of first class, 
fifty cents; second class, thirty-five cents. 

For advertising property for sale, seventy- five cents. 

For returning each writ or other process, ten cents. Mileage for 
each mile of necessary travel to serve any such writ or process as 
aforesaid, calculating from the place of holding the court to the place 
of residence of the defendant or witness, five cents each way. 

For summoning each juror, in counties of first class, fifty cents; 
second class, thirty cents, with five cents mileage each way in all 
counties. 

For serving notice of executions, or levying an execution or serving 
an attachment, in counties of first class, seventy-five cents; in second 
class, sixty-five cents, and mileage five cents each way in all counties. 

For taking possession of and removing i3roperty levied on, the officer 
shall be allowed to tax the actual costs of such possession or removal. 

For serving and returning a scire facias to revive a judgment, fore- 
close a mortgage, or against bail, in counties of first class, seventy- 
five cents; in second class, sixty-five cents. 

For committing each prisoner to jail, in counties of first class, fifty 
cents; second class, fifty cents. 

For discharging each prisoner from jail, in counties of first and 
second class, fifty cents. 

For dieting each prisoner, such compensation to cover the actual 
costs as may be fixed ' by the county board, but such compensation 
shall not be considered a part of the fees of the office. 



268 FEES AND SALARIES. 



For attending before a judge with a prisoner, on a writ of habeas 
corpus in counties of first and second class, two dollars and fifty cents 
per day. 

For each m ile of necessary travel in taking such prisoner before the 
judge as aforesaid, five cents each way. 

For serving a writ of possession, with the aid of jjosse comitatiis, 
two dollars. 

For serving same, without such aid, one dollar, mileage in either 
case for each mile of necessary travel, five cents each way. 

For executing a writ of ad quod damnum, attending the inquest 
and returning the writ with the verdict of the jury, two dollars. 

For attending the circuit and county courts, to be allowed and paid 
out of the county treasury, three dollars per day, and two dollars per 
day when attending county court, sitting for probate business, at re- 
quest of the judge, the time to be certified to by the judge. 

For executing and acknowledp;ing a deed on sale of real estate, in 
counties of first-class one dollar and fifty cents; second class, one dollar 
and twenty-five cents. 

For making certificate of sale, and making and filing duplicate, in 
counties of first class, for each, sixty cents; second class, fifty cents. 

For making certificate of redemption, seventy-five cents. 

For certificate of levy and filing, fifty cents, and the fee for record- 
ing shall be advanced by plaintiff in execution and charged up as 
costs. 

For taking all bonds on legal process, in counties of first class, 
seventy cents: second class, sixty-five cents. 

For executing capias in criminal cause, where the offense is in- 
famous, three dollars, and mileage for each mile of necessary travel, 
five cents each way. 

For executing capias where offense is not infamous, in counties of 
first class, seventy-five cents: second class, sixty-five cents. Mileage 
for each mile of necessary travel, five cents each way. 

For executing requisitions from other states, the same compensation 
as in executing capias in criminal causes, when the offense is infamous. 

For conveying each prisoner from his own county to the jail of a 
foreign county, per mile, for going only, twenty-five cents. 

For committing each prisoner to jail under the laws of the United 
States, to be paid by the marshal or other person requiring his con- 
finement, fifty cents in all counties. 

For dieting such prisoner, per day, in counties of the first class, 
seventy-five cents ; in second class, sixty-five cents, to be paid by the 
marshal or other person requiring his confinement. 

For discharging such prisoner, in counties of first and second class, 
fifty cents. 

For carrying convicts to the penitentiary or the reform school, from 
any county, the following fees, payable out of the State treasury, viz: 
Where only one convict is conveyed, at and after the rate of twenty- 
five cents for each and every mile necessarily traveled in going to the 
penitentiary or the reform school, from the place of conviction. 



FEES AND SALARIES. 269 



Where two convicts are conveyed by the said sheriff at the same time, 
he shall receive at and after the rate of twenty-five cents per mile for 
first, and fifteen cents per mile for the second convict. Where more 
than two are conveyed at the same time to the penitentiary or reform 
school as aforesaid, he shall be allowed twenty-five cents per mile for 
the first, fifteen cents per mile for the second, and ten cents per mile 
for each of the residue. 

For conveying any ]3erson to or from any of the charitable institu- 
tions of the State, when properly committed by some competent 
authority, twenty-five cents i3er mile. 

For conveying a convict from the penitentiary to the county jail, 
when required by law, thirty cents j^er mile. 

For attending Supreme Court, three dollars per day. 

In addition to the above fees, there shall be allowed to the sheriffs 
in counties of the first and second class a commission of three 
per centum on all sales of real and personal estate which shall be 
made by virtue of any execution, or any decree of a court of chancery, 
where the money arising from such sales shall not exceed two hun- 
dred dollars: but in all cases where the amount of such sale shall ex- 
ceed that sum, then one and one-half per cent, commission on the ex- 
cess only shall be allowed: Provided, that in all cases where the 
execution shall be settled by the parties, replevied, stoj^ped by in- 
juntion or paid, or where the property levied upon shall not be actu- 
ally sold, the sheriff shall be allowed his fee for levying and mileage, 
together with half the commission on all money collected by him 
which he would be entitled to if the same was made by sale on execu- 
tion; and no other fees or compensation whatever shall be allowed on 
any execution, except the necessary expenses for keeping personal 
property, to be ascertained and allowed by the court out of which the 
same shall be issued. In all criminal cases where the defendant 
shall be acquitted or otherwise legally discharged, without payment 
of costs, the sheriff shall be paid such fees from the county treasury: 
Provided, that no such fees shall be paid to the sheriff from the 
county treasury when the fees collected by him during such year shall 
equal the compensation or salary allowed him by the county board: 
And, j^fovided.fiiiiher, that i\o more ot snch fees shall in any case 
be paid from the county treasury than shall be sufficient, with the 
fees collected ; to make the salary or compensation of said sheriff. In 
all cases where any of the sheriffs of this State shall be required by 
law to execute any sentence of punishment other than imprisonment, 
for which no fee is allowed by this act, it shall be the duty of the 
county board of the proper county to allow a reasonable compensa- 
tion for the same, to be paid out of the county treasury, not exceed- 
ing one hundred dollars. It shall be the duty of each sheriff' entitled 
to mileage under this act, to indorse on each writ, summons, subpoena 
or other process that he may execute, the distance he may travel to 
execute the same, ascertaining the distance and the charge properly 
allowable therefor, in conformity with the foregoing regulations. 

Appeoved May 16, 1905. 



270 FEES AND SALARIES. 



FEES OF WITNESSES. 



§ 1. Amends section 47, act of 1887. Approved May 13, 1905. 

§ 17. Witness fees in courts of record — 
affidavit of attendance —wit- 
nesses before grrand jury. 

An x\ct to amend an act entitled, "An act concerning fees and salaries, 
and to classify the several counties of this State ivith reference 
thereto," approved March 29, 1872, in force July 1, 1872; as amended 
hy act approved June 16, 1887, in force July 1, 1887. 

'■ ■■ Fees of Witnesses. 

Section 1. Be it enacted by the People of the State of Illinois, 
represeyited in the General Assembly : That section 47 of an act en- 
titled "an act concerning fees and salaries, and to classify the several 
counties of this State with reference thereto;'' approved March 29, 
1872, in force Jnly 1. 1872. as amended by act approved June 16, 
1887, in force July 1, 1887, be amended to read as follows: 

Section 47. In courts of record.] Every witness attending in 
his own comity upon trials in the courts of record shall be entitled to 
receive the sum of one dollar for each day's attendance and five cents 
per mile each way for necessary travel. For attending in a foreign 
county, going and returning, accounting twenty miles for each day's 
travel, for each day one dollar. Every person attending for the pur- 
pose of having his deposition taken, one dollar, and the same mileage 
as provided in this section for witnesses in courts of record: Pro- 
vided, no allowance or charge shall be made for the attendance of wit- 
nesses aforesaid unless the witness shall make affidavit of the number 
of days he or she actually attended, and that such attendance was at 
the instance of one or both of the parties or his attorney. In criminal 
cases where a witness shall be required to attend from a foreign 
county or state, either before the grand jury or at the trial of the 
cause in the court, he shall be allowed five cents per mile each way in 
full of all compensation, except the per diem for actucil attendance 
upon such court or before such grand jury, which shall be one dollar 
per day for each day's necessary attendance to be paid out of the 
county treasury of the county where the crime was committed on the 
certificate of the clerk of the court where the trial is being had : Pi'o- 
L'ided, he shall make affidavit of the distance traveled, that it was the 
usually traveled and most direct route, of the number of days' actual 
attendance, and that such attendance was at the instance of the 
State's attorney or the accused, or his attorney, to which shall be 
added the certificate of the judge that the amount is reasonable and 
that he was a material witness in the court or before the grand jury. 

Approved May 18, 1905. 



FEES AND SALARIES — FISH AND GAME. 271 

SALARY OF JUDGES OF SUPREME COURT. 
§1. Fixes salaries of judges. I Approved May 16, 1905. 

§2. Repeal. ! 

An Act entitled^ "An act to provide for and fix the salary of the judges 
of the Supreme Court. 

Section 1. Be it enacted by the People of the State of Illinois 
repi'esented in the General Assembly: That there shall be allowed 
and paid to each of the judges of the Supreme Court who shall be 
elected at any election held subsequent to the year 1905, an annual 
salary of $10,000, payable in quarter yearly installments out of the 
State treasury, on the warrant of the Auditor of Public Accounts 
from and out of any money not otherwise appropriated. 

§ 2. Any and all laws in conflict with this act are hereby repealed. 

Approved May 16, 1905. 



FISH AND GAME. 



propagation and protection of fishes. 



§L Amends sections 4 and 7, act of 1897. 

§ 4. Fish wardens and deputies— ap- 
pointment —powers — duties- 
fees. 



§ 7. Violations of act— penalty. 
Approved May 16. 1905. 



An Act to amend sections J^ and 7 of an act entitled, ''An act to en- 
courage the propagation and cultivation and to secure the protection 
of fishes in all the luaters under the jurisdiction of the State of Illi- 
nois" approved June 11, 1897, in force July 1, 1897, as amended hy 
an act approved May 13, 1903, in force July 1, 1903. 

Section 1. Be it enacted by the People of the Stcde of Illinois, 
represented in the General Assembly : That sections 1 and 7 of an 
act entitled, "An act to encourage the XDropagation and cultivation 
and to secure the jirotection of fishes in all the vvaters under the jur- 
isdiction of the State of Illinois," approved June 11, 1897, in force 
■July 1, 1897, as amended by an act approved May 13, 1903, in force 
July 1, 1903, be, and the same is, hereby amended to read as follows: 

§ 4. The Grovernor, on the request of the fish commissioners, 
shall appoint five fish wardens, who shall be under the suijervision of 
the fish commissioners, and whose duties it shall be to enforce all 
laws relating to fishes, arrest all violators thereof, and prosecute of- 
fenders against the same. They shall have power to serve process 
against such offenders, and shall have the power to arrest, without 
ivarrant, any person for violating any of the provisions of this act. 



272 FISH AND GAME. 



Each of said fish wardens shall receive a salary of nine hundred dol- 
lars per annnm, to be paid ont of the State treasury upon bills audited 
by the fish commissioners and approved by the Governor. And the 
Governor may also upon the recommendation of the fish commissioners 
appoint one or more persons in each county in the State of Illinois 
deputy fish wardens whose duty it shall be to enforce the provisions 
of this act and who shall have the same powers and authority as fish 
wardens above provided for. Said deputy fish wardens shall re- 
ceive for their compensation for serving process the same fees as are 
prescribed by law for similar services when performed by constables 
and they shall also be paid one-half of the fines which may be col- 
lected under the provisions of this act through the efforts of such 
deputy fish warden, from the funds in the hands of the State Treas- 
urer received by the State Treasurer in accordance with the provisions 
of section 12 of this act upon the order of a majority of the board of 
fish commissioners apjoroved by the Governor. 

§ 7. Any person or persons who shall for the purpose of fishing with 
seine or net without the consent of the owner trespass upon the lands 
of another containing any fish pond or lake, whether natural or arti- 
ficial or who shall for the purpose of fishing in any manner, without 
the consent of the owner, trespass u^Don the lands of another, contain- 
ing any fish pond or lake, whether natural or artificial, when and 
where the waters of such pond or lake are not directly connected with 
any water course of this State shall be deemed guilty of a misdemeanor 
and on conviction shall be fined in any sum not less than twenty-five 
nor more than one hundred dollars and cost of suit, for the first of- 
fense and not less than fifty nor more than two hundred dollars for 
the second offense, and the same for each subsequent offense as for 
the second ofl^ense. 

Approved May 16, 1905. 



TRANSPORTATION OF FISH ILLEGALLY TAKEN. 



§ 1. Adds a new section to act of 1897. 

§ 18a. Transportation of fisli illegally 
taken. 



Approved May 13, 1905. 



An Act entitled, "An act to amend an act entitled, 'An act to encourage 
the propagation and cultivation and to secure the protection of fishes 
in all the waters under the jurisdiction of the State of Illinois,' ap- 
proved June 11, 1897, in force July 1, 1897, and acts amendatory 
thereof, hy adding section 18a thereto." 

Section 1. Be it enacted hy the People of the State of Illinois, 
rejjresented in the General Assemblji : That an act entitled "An 
act to encourage the propagation and cultivation and to secure the 
protection of fishes in all the waters under the jurisdiction of the 
State of Illinois.'" approved flune 11, 1897. in force July 1. 1897. and 



FISH AND GAME. 



273 



all acts amendatory thereof, be and the same is hereby amended by 
adding thereto a new section, to be known as section 18a, to read as 
follows : 

§ 18a. Any person or corporation, or any agent or servant of the 
latter, who shall, for compensation or otherwise, transport any fish 
caught in any waters within the State of Illinois with seine or net, or 
any other device except hook and line, of either or any of the vari- 
eties for which a closed season is prescribed by this act for catching 
with seine or net, during such closed season, shall forfeit not less 
than twenty-five dollars nor more than one hundred dollars for such 
violation, to be recovered in a civil action brought in the name of the 
People of the State of Illinois. The possession of any such fish for 
shipment or in transit, caught with net or seine during the season 
when it is unlawful, under the provisions of this act, to catch such 
fish with net or seine, shall he prima facie evidence of the violation 
of this section: Provided, that this section shall not apply to the 
transportation of fish into or through this State or out of it by the 
State Fish Commissioners, or by the commissioners of fisheries of 
other states or the United States: Provided, that there shall be five 
days after the close of the fishing season to dispose of and ship all 
fish caught previous to the close of said fishing season. 

Approved May 13, 1905. 



PROTECTION OF GAME. 



§18. Salary of commissioner— printing, 
stationery, etc. — compensa- 
tion of game wardens— salary 
—expenses— State game pro- 
tection fund. 

§ 23. Annual report to Governor. 

§ 25. Hunters' license provided for— 
license fees— how disposed of. 

§32. Repeal. 

Approved May 18, 1905. 



§ 1. Amends several sections, act of 1903. 

§1. When game may be killed and 
how— penalty. 

§ 2. Having, selling and transporting 
game— when unlawful —pen- 
alty. 

§6. Sale of game— taxidermists ex- 
cepted-gamefrom other states. 

§ 16. State Game Commissioners— ap- 
pointment— term of ofHce— 
appointment of game wardens 
—deputy game wardens. 

An Act entitled, ''An act to amend sections one (1), two (2), six (6)j, 
sixteen {16), eighteen {18), twenty-three {23), twenty-five {25) and 
thirty-two {32) of an act entitled, 'An act for the protection of game, 
wild foivl and birds, and to repeal certain acts relating thereto/ ap- 
proved April 28, 1903, in force July 1, 1903. 

Section 1. Be it enacted hy the People of the State of Illinois 
represented in the Geiieral Assembly: That sections one (1). two 
(2), six (6), sixteen (16), eighteen (18), twenty-three (23), twenty-five 
(25) and thirty-two (32) of an act entitled "An act for the protection 



18 L 



274 PISH AND GAME. 



of game, wild fowl and birds, and to repeal certain acts relating there- 
to," approved April 28, 1903, in force July 1, 1903, be and the same 
are hereby amended to read as follows : 

§ 1. It is hereby declared to be unlawful to hunt, kill, net, entrap, 
ensnare or destroy or attempt to hunt, kill, net, trap, ensnare or destroy 
or have in possession any quail between the 20th day of December 
and the 10th day of November of each succeeding year; or any ruffed 
grouse (partridge) or pinnated grouse (prairie chicken), for a period 
of four years from the date of the passage of this act; or any wood- 
cock or mourning dove between the 1st day of December and tiic 1st 
day of August of each succeeding year, or any gray, red, fox or black 
squirrel between the 31st day of December and the 1st day of July of 
each succeeding year; or any jack snipe, Wilson snipe, sand snipe or 
any kind of snipe, or any golden plover, upland plover, or any kind of 
plover, between the 1st day of May and the 1st day of September of 
any year. And it shall be unlawful to kill, hunt, ensnare, entrap or 
attempt to kill, hunt, ensnare, entrap or otherwise destroy any wild 
goose, duck, brant or other water fowl at any time between the loth 
day of April and the 1st day of September of any year. And it shall 
be unlawful to hunt, kill, entrap, ensnare or attempt to hunt, kill, 
entrap, ensnare or otherwise destroy any wild goose, duck, brant, rail 
or other water fowl between the sunset of any day and the sunrise of 
next succeeding day at any period of the year. And it shall be fur- 
ther unlawful at any time to hunt, kill, entrap, ensnare or attempt to 
hunt, kill, entrap or ensnare or otherwise destroy any wild goose, 
brant, duck or any other water fowl from any fixed or artificial am- 
bush beyond the lines of natural covering of reeds, canes, willows, 
flags, crooked brush, wild rice or other vegetation above the water of 
any lake, river, bay or inlet, or other water course wholly within the 
State, or with the aid or use of any device commonly called sneak 
boat, sink box or other device for the purpose of concealment in the 
open waters of this State. And it shall further be unlawful to 
shoot, kill, or destroy or shoot at any wild goose, duck, brant 
or other water fowl with a swivel gun, or from any sail boat, gas- 
oline or electric launch or steam boat, at any time in any part of 
the water of any lake, river, bay or inlet or other water course 
wholly within this State: Provided, that it shall be unlawful 
to kill, entrap, ensnare or otherwise destroy any of the ducks, geese or 
brant mentioned in this section at any time for market or other com- 
mercial purposes, nor more than thirty-five by one person in one day. 
Any person or persons so offending shall for each and every offense, 
be deemed guilty of a misdemeanor and on conviction shall be fined 
in any sum not less than fifteen dollars nor more than fifty dollars 
and costs of suit, and shall stand committed to the county jail until 
such fines and costs are paid: Provided, that such imprisonment 
shall not exceed ten days, and the killing of each bird or animal 
herein specified shall be deemed a separate offense. 



FISH AND GAME. 275 



§ 2. It shall be unlawful for any person to buy, sell or have in 
his possession any of the animals, wild fowl or birds mentioned in 
section 1 of this act, at any time when the killing, trapping netting 
and ensnaring of such animals, wild fowl or birds shall be unlawful. 
And it shall further be unlawful for any person or persons at any 
time to sell or expose for sale, or to have in his or their possession 
for the purpose of selling', any quail, i^innated grouse, or prairie 
chicken, wild duck, goose or brant, ruffed grouse or partridge, grey, 
red, fox or black squirrel or wild turkey that shall have been caught, 
ensnared, entrapped or killed within the limits of this State. And it 
shall further be unlawful for any person, corporation or carrier to 
receive for transportation, to transport, carry or convey any of the 
aforesaid quail, pinnated grouse, or prairie chicken, ruifed grouse or 
partridge, squirrel, duck, goose, brant or wild turkey that shall have 
been caught, ensnared, entrapped or killed within the limits of this 
State, knowing the same has been sold, or to transport, carry or con- 
vey the same to any place where it is to be sold or offered for sale, or 
to any place outside of this State for any purpose except such person 
have a license from this State so to do. And any person guilty of vio- 
lating any of the provisions of this section shall be deemed guilty of 
a misdemeanor, and, on conviction thereof, shall be fined not less 
than twenty-five dollars nor more than one hundred dollars for each 
and every offense, and shall stand committed to the county jail not 
exceeding ten days or until such fine and costs are paid: Provided, 
that the selling, exposing for sale, having in possession for sale, 
transporting or carrying and conveying contrary to the provisions of 
this section, of each and every animal or bird forbidden herein, shall 
be deemed a separate offense. 

§ 6. No person or persons shall sell or expose for sale, or have in his 
or their possession for the purpose of selling or exposing for sale, any of 
the animals, wild fowl or birds mentioned in section 1 of this act, after 
the expiration of five( 5 )days next succeeding the 1st day of the period 
in which it shall be unlawful to kill, entrajj or ensnare such animals, 
wild fowl or birds ; nor shall any such animal, wild fowl or birds be 
sold or ottered for sale, during the first two days of the open season. 
Any person so offending shall, on conviction, be fined and dealt with 
as specified in section one (1) of this act. and selling or exposing for 
sale, or having the same in possession for the purpose of selling or 
exposing for sale, any of the animals or birds mentioned in this sec- 
tion, after the expiration of the time mentioned in this section, shall 
he prima facie evidence of the violation of this act: Provided, that 
the provisions of this section shall not apply to the killing of birds by 
or for the use of taxidermists, for preservation either in public or pri- 
vate collections, if so preserved: Provided, further, that nothing- 
contained in this section shall be construed as modifying or being in 
conflict with section [2] of this act, or authorizing or legalizing the 
sale or exposing for sale, transportation or receiving for transporta- 
tion, any of the animals, birds or game as therein prohibited: And, 
provided, also, that the inhabitants of this State may receive game 



276 FISH AND GAME. 



from other states, and expose and sell the same on the market be- 
tween the first day of October and the first day of Fr.bruary of the 
following year. 

§ 16. In order that the provisions of this act may be more fully 
carried out, the Governor of the State shall appoint one State Game 
Commissioner, whose term of ofiice shall be for the period of incum- 
bency of the Governor appointing him or until his successor is ap- 
pointed, whose duty it shall be to secure the enforcement of all the 
statutes of the State for the preservation of game and birds, or 
bring or cause to be brought, actions and proceedings in the name of 
the People of the State of Illinois, to recover any and all fines and 
penalties provided for in such laws relating to game and birds, and 
to prosecute all violators of said statutes. The State Game Commis- 
sioner is empowered to appoint, by and with the approval of the Gov- 
ernor, ten game wardens, who shall have no other employment or 
business. They shall devote their entire time to the work of game 
protection and shall travel over the State in all seasons for this pur- 
pose, under the direction of the State Game Commissioner. Such 
appointments shall be for efficient service only, and regardless of 
political influence. The State Game Commissioner is also authorized 
to appoint one or more and not to exceed three deputy game wardens 
for each county of the State. They shall have authority with the 
State Game Commissioner in enforcement of the game laws of the 
State relative to game and birds throughout the State, and shall be 
immediately responsible to the State Game Commissioner and shall 
report to and receive their instructions from him. Such game 
wardens and deputy game wardens shall be subject to removal by the 
State Game Commissioner at any time. 

§ 18. Such State Game commissioner shall receive a salary of 
twenty-five hundred dollars per year, and his actual expenses and dis- 
bursements while traveling in the line of his duties. He shall also 
be allowed such printing, stationery, postage, office rent, office fiirni- 
ture and supplies, clerical and other assistance, not to exceed ten em- 
l^loyes, as is necessary to enable him to properly perform the duties 
of State Game Commissioner and carry out the provisions of this act. 
The game wardens provided for in this act shall receive nine hundred 
dollars per annum, payable monthly. In addition to the salary per 
annum provided for, such game wardens shall receive their actual 
and necessary expenses incurred while working under the direction 
■ of the State Game Commissioner. 

The duputy game wardens a^Dpointed for any county shall receive a 
per diem, when actually employed, not exceeding two dollars per day 
and necessary traveling expenses, to be fixed by the State Game 
Commissioner. Such deputy game wardens shall also receive one- 
half of all fines recovered for violations of this act, in cases where 
they file the complaint; the remaining one-half of the fine to be paid 
into the State game protection fund. And in cases where the violator 
does not pay a fine, but is committed to jail, said deputy game 
wardens shall be reimbursed for their actual expenses; but such ex- 
penses shall not be paid in any case other than game cases or cases 



FISH AND GAME. 277 



relating to license. Should the State game protection fund become 
■exhausted during any year, the State Grame Commissioner shall have 
the power and authority to suspend any number or all game wardens 
or deputies until such fund is again rejolenished. Should at any 
time a, surplus accumulate in the State game protection fund, over 
and above the amount necessary for the operating expenses of the 
department, the State Game Commissioner shall have the power and 
authority to use such surplus for the purchase and propagation of 
quail, prairie chicken and pheasant, for the purpose of restocking 
sections of the State in which there exists a scarcity of the above 
mentioned game birds, and for exterminating crows and hawks. All 
moneys used for the payment of salaries, expenses and other dis- 
bursements mentioned in this section, including the salary of the 
State Game Commissioner, shall be taken from and charged to the 
State game protection fund, upon vouchers therefor signed by said 
State Game Commissioner, approved by the Governor and filed with 
the Auditor of Public Accounts, who shall draw his warrant therefor 
on the State Treasurer; the State Treasurer to pay the same out of 
the State game protection fund. 

§ 28. Said State Game Commissioner shall make an annual report 
to the Governor, which shall include the reports of the game wardens 
and deputy wardens, showing the number and kind of game, deer, 
wild fowl and birds seized, and what disjDosition was made of them, 
and the amount of proceeds of sale. Said reports shall also contain 
a statement of all moneys received from all sources and a statement 
of all disbursements of every kind. 

§ 25. For the purpose of increasing the State game protection 
fund and preventing unauthorized persons from killing game and 
birds, no person or persons shall at any time hunt, pursue or kill, 
with gun. rabbits or any of the wild animals, fowl or birds that are 
protected during any part of the year, without first having procured 
a license so to do, and then only during the respective XDeriods of the 
year when it shall be lawful. Said license shall be procured from 
any county, city or village clerk in the following manner, to- wit: The 
applicant shall fill out a blank application to be furnished by the 
State Game Commissioner through the clerk of each comity, city or 
village, stating name, age, occuiDation and x^lace of residence of apijli- 
cant; said application shall be subscribed and sworn to by the ai3pli- 
cant before said county, city or village clerk; and said api^licant, if a 
non-resident of the State of Illinois, shall pay to the county clerk the 
sum of fifteen ( 15 ) dollars as a license fee, together with the sum of 
fifty (50) cents as the fee of said county clerk for administering the 
oath to the applicant and issuing said license; and if a resident of 
the State of Illinois, shall pay to the county, city or village clerk, the 
sum of seventy-five (75) cents as a license fee. Said license shall 
bear the signature of the State Game Commissioner and the seal of 
the county, city or village in which the same is issued, and be coun 
tersigned by the said clerk, and such licensee, if a non-resident, i 
hereby authorized to take from the State fifty (50) birds of all kind- 
killed by himself or herself, which shall be carried openly for inspec. 



278 FISH AND GAME. 



tion, together with his or her license. The number of game birds 
that may be killed in any one day by one person is hereby limited to 
thirty- live (85) dncks and twenty- five (25) game birds of any other 
one kind, except prairie chicken. The license fees above provided 
for shall be paid by the said clerk to the State Treasurer at the end of 
each month, and shall be placed to the credit of a fund to be known 
as the "State Game Protection Fund," and shall be disbursed by the 
State Treasurer on warrants signed by the State Game Commissioner, 
approved by the Governor, and filed w4th the Auditor of Public Ac- 
counts, who shall draw his warrant therefor on the State Treasurer. 
Every license issued shall be signed by the licensee in ink, and as 
aforesaid, shall entitle the person to whom issued to hunt, pursue and 
kill game within the State at any time when it shall be lawful to hunt, 
pursue and kill such game, and no person to whom a license has been 
issued shall be entitled to hunt, pursue or kill game or rabbits in this 
State without at the time of such hunting, pursuing and killing of game, 
he or she shall have such license in his or her name and possession, 
ready to exhibit the same for inspection, and such license shall be void 
after the 1st day of June next succeeding its issuance: Provided, 
that the owner or owners of farm lands, their children or tenants shall 
have the right to hunt and kill game on the farm lands of which he 
or they are the bona fide owners or tenants, during the season when 
it is lawful to kill game, without procuring such resident license. 
Any person found guilty of violating and [any] of the provisions of 
this section shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof shall be fined in any sum not less than twenty-live 
(25) nor more than fifty (50) dollars for each and every offense, and 
shall stand committed to the county jail until such fine and costs are 
j)aid, but such imprisonment shall not exceed thirty days for each 
offense; or such person maybe proceeded against in an action of debt 
in the name of the People of the State of Illinois, for the recovery of 
the penalty herein prescribed. 

§ 32. An act entitled "An act to provide additional remedies for 
the protection of game', wild fowl and birds, and to amend, revise and 
consolidate the amended game law, approved June 1, 1889, in force 
July 1, 1889, and the game warden act, approved June 27, 1885, in 
force July 1, 1885. and the act to jorohibit jDersons from hunting 
within the enclosure of others without leave, as amended by act ap- 
proved June 17, 1891, in force July 1, 1891, approved April 24, 1899; 
and an act entitled "An act to amend section one (1) and section 
twenty-six (26) of an act entitled 'An act to provide additional reme- 
dies for the protection of game, wild fowl and birds; and to amend, 
revise and consolidate the amended game law,' approved June 1, 1889, 
and in force July 1, 1889, and the game warden act, approved June 27, 
1885, in force July 1. 1885, and the act to prohibit persons from hunting 
within enclosures of others without leave, as amended by an act ap- 
proved June 17, 1891, in force July I, 1891, as amended by an act 
approved April 24,1899, in force 'July 1, 1899," approved May 10, 
1901, and all acts and j^arts of acts inconsistent herewith are hereby 
repealed. 

Approved May 18, 1905. 



FOEESTEY. 279 



FOKESTRY. 



FOREST PRESERVE DISTRICTS. 

§1. Petition for election— where filed— result I §6. Roads and driveways, 
of election— where recorded. 



§ 2. District commissioners— appointment- 
term of office— corporatc^owers. 

§ 3. Powers of commissioners — salary of 
president. 

§ 4. Records to be kept. 

§ 5. Ordinances— how proved. 



§7. Gifts and devises— borrowing money— 
indebtedness— bond— tax levy. 

§ 8. Vacancies in office— how filled. 
§ 9. Annexing contiguous territory.. 
§ 10. Duties of president. 
Approved May 18, 1905. 



An Act to provide for the creation of forest preserve districts. 

Section 1. Be it enacted hy the People of the State of Illinois 
represented in the General Assembly: That whenever any area of 
contignous territory contains within its boundaries one or more 
incorporated cities, towns or villages and lies wholly within the same 
or adjoining comities, such territory may be incorporated as a forest 
preserve district, in the following manner, to-wit: 

Any one thousand (1,000) legal voters residing within the limits of 
such proposed district may petition the county judge of the county, 
or in case said proposed district lies in more than one county, then 
the county judges of all of said counties, to cause the question to be 
submitted to the legal voters of such proposed district whether they 
will organize as a forest preserve district under this act. Such peti- 
tion shall be addressed to the county judge of the county or the 
county judges of the counties in which said territory is situated, and 
shall contain a definite and clear description of the territory intended 
to be embraced in such district, and the name of such x^roposed forest 
preserve district. 

Upon the filing of such petition in the office of the county clerk of 
the county in which such territory is situated, it shall be the duty of 
the county judge to order an election to be held in said proposed dis- 
trict, and in ordering such election said judge shall proceed in the 
same manner as is provided in the act governing the organization of 
cities and villages in unincorporated territory: Provided, that when 
such proposed district shall embrace two or more counties or parts 
thereof a copy of such petition shall be filed in the office of the clerk 
of the county court of each of said counties and said petition shall 
particularly describe the territory lying within each of said counties 
and shall state the date upon which said election is desired to be 
held, not less than thirty (30) days after the filing of said petition,, 
and the county judges of the different counties to whom said peti- 
tion is presented shall order an election to be held upon the day so 
named in said petition: and the votes cast within that portion of the 
territory lying in each of said counties shall be returned to the 
county judge of the county in which said territory lies, and the same • 



iiyO F.OEESTKY. 



proceedings shall be had as is required of the coimty judge in the 
organization of cities and villages in unincorporated territory: And, 
2)rovided, further, that unless a majority of the votes cast in terri- 
tory lying in each of said counties shall be in favor of the incorpora- 
tion of said forest preserve district the same shall not be incorporated 
and the county judge of each of said counties shall cause a 
statement of the result of such election, held in that portion of 
the territory lying within his county, to be spread upon the records 
of the county court and shall also cause to oe transmitted to the 
clerk or clerks of the county court or courts, of the other county or 
counties in which a part or parts of said proposed district shall 
lie, a copy of sach record, which copy, when so received, shall be spread 
upon the records of the county court receiving the same as a return 
of the vote cast in said county; and if a majority of the votes cast in 
each part of said district, when the same lies partly within two or 
more counties, or a majority of the votes cast in said district where 
the same lies wholly within one county shall be in favor of the pro- 
posed forest iDreserve district, such proposed district shall thenceforth 
be deemed an organized forest preserve district iinder this act. 

§ 2. All courts in this State shall take judicial notice of all forest 
jpreserve districts organized under this act. The affairs of such dis- 
trict shall be managed by a jpresident and six (6) commissioners, not 
more than four of whom shall be members of the same political party, 
who, together with their successors, shall be appointed by the Gov- 
ernor. Upon the organization of any district under this act, the Grov- 
ernor shall appoint a president and six (6) commissioners, who shall 
be legal voters and reside within said district, who shall hold their 
office for a term of six (6) years from the date of said ai3pointment, 
and until their successors are appointed and shall qualify: Provided, 
that of the six commissioners first apjjointed in any district organized 
under this act two of said commissioners shall be appointed for a 
term of two years only, when two new commissioners shall be ap- 
pointed by the Governor to succeed the two whose term of office shall 
then expire; and the two so appointed shall hold their office for six 
(6) years and until their successors are appointed and shall qualify; 
two of the commissioners shall be appointed for a term of four (4) 
years only, when two new commissioners shall be appointed by the 
Governor to succeed the two whose term of office shall then expire, 
and the two so appointed shall hold their office for six (G) years and 
itntil their successors are appointed and shall qualify. The president 
and such commissioners, 'wdien so appointed, shall meet at some con- 
venient place within said district, within two weeks after such ap- 
pointment, and organize by electing a secretary and treasurer, and 
such other officers as they may deem necessary. The term of office of 
said officers shall not be longer than six (6) years, and they shall give 
such bond and perform such duties as shall be required of them by 
said board of commissioners : and such forest preserve district shall, 
from the time of the appointment of the first president and commis- 
sioners under this act, be construed in law and equity a body corpor- 



FORESTRY. 281 



ate and politic by the name and style of the Forest Preserve District 

of and by snch name and style may sue 

and be sued, contract and be contracted with, acquire and hold real 
estate and personal property necessary for all corporate purjDoses, and 
adopt a corporate seal and alter the same at pleasure. 

§ 3. The president and commissioners appointed in pursuance of 
the foregoing provisions of this act shall constitute a board of com- 
missioners for said district, which board of commissioners is hereby 
declared to be the corporate authority of such forest jjreserve district, 
and shall have power to x^ass all necessary ordinances, rules and reg- 
ulations for the proper management and conduct of the business of 
said board and of said corporation, and for carrying into effect the 
object for which such forest preserve district is formed; to appoint 
such officers as may be necessary, to define and prescribe their re- 
spective duties and authority and to fix the amount of their compen- 
sation. Said commissioners shall receive no compensation, and the 
president shall receive such salary as may be determined by the board 
of commissioners, not to exceed twenty-five hundred dollars ($2,500) 
per annum. 

§ 4. Said board of commissioners shall cause to be kept regular 
books of records of all ordinances and other jDroceedings of said board, 
which books shall be open to the inspection of any person residing in 
said district at all reasonable and projjer times. 

§ 5. All ordinances making any appropriation or imposing any 
fine or penalty shall within ten (10) days after their i^assage be pub- 
lished in some newspaper of general circulation published in said 
district designated by said board, and no such ordinance shall take 
effect until ten ( 10) days after it is so published. All other ordinances, 
orders and resolutions shall take effect from and after their passage 
unless otherwise provided. All ordinances, orders and resolutions 
and the date of the publication thereof, may be proved by the certifi- 
cate of the secretary of said board under the seal of the corporation, 
and when printed in book or pamphlet form and purporting to be pub- 
lished by the board of commissioners, such book or pamphlet shall 
be received as evidence of the passage and legal publication of such 
ordinances, orders and resolutions as of the dates mentioned in such 
book or pamphlet in all courts and places without further proof. 

§ 6. The board of commissioners of any forest preserve district 
organized under this act shall have power to designate by ordinance 
the whole or any part of such streets, roads, avenues, boulevards and 
highways within the boundaries of said district as public driveways 
to be used for i)leasure driving only and to improve and maintain the 
same; also to lay out, establish, open, alter, widen, extend, grade, pave 
or otherwise improve and maintain such streets, roads, avenues, boule- 
vards or highways and to designate the same as pleasure driveways to 
be used for pleasure driving only: Provided, no such pleasure drive- 
way shall fall within the territory embraced in any public park dis- 
trict organized under any law of this State. The corj^orate author- 
ities of such forest preserve district may, by ordinance, regulate, re- 



282 FORESTRY. 



strain and control the speed of travel on such pleasure driveways and 
in such forest preserves, and in all things regulate, restrain and con- 
trol the use of said forest preserves and pleasure driveways by the 
public or individuals and may exclude therefrom funeral processions^ 
hearses and traffic teams and vehicles, so as to free the same from any 
and all business or objectionable travel, and may prescribe by ordinance 
such tines and penalties for the violation thereof as cities and villages- 
are allowed by law to prescribe for the violation of ordinances: Pro- 
vided, further, that any and all roads, highways, avenues, pleasure 
driveways, boulevards and parks lying w^holly or in part within the 
corporate limits of any city, town or village situated within any forest 
preserve district organized under this act shall first, by ordinance of 
the corporate authorities of such city, town or village, be turned over 
and placed under the control of the board of commissioners of any 
such forest preserve district and be accepted by ordinance by said dis- 
trict. Power is also hereby conferred upon any forest preserve dis- 
trict organized under this act to lay out, extend, maintain and im- 
prove pleasure driveways under the provisions of any law of the State 
authorizing local improvements by cities or villages now or hereafter 
in force. 

§ 7. Every district organized under this act shall have power to 
acquire by gift, grant, devise or purchase or by condemnation under 
any act of eminent domain now or hereafter in force, any and all grounds 
and lands necessary for building, laying out and maintaining any 
such pleasure driveways and forest preserves as such board of com- 
missioners may deem proj)er: Provided, no lands acquired for such 
driveways and preserves shall lie within any public park district now 
organized under or by virtue of any law of this State. Said forest 
preserve district shall also have the i30wer to raise money by general 
taxation for the purpose of acquiring, laying out, building and main- 
taining any such driveways and forest preserves and may by general 
taxation raise sufficient money to pay all necessary expenses in- 
curred by said board in establishing, protecting and maintaining any 
such pleasure driveways and forest preserves within said district; and 
power is also hereby conferred upon said district to borrow money on 
the credit of the district and issue bonds therefor in such amounts and 
on such' conditions as it shall prescribe for the payment of land con- 
demned or purchased for forest preserves and pleasure driveways, for 
building, maintaining and improving the same and for the payment 
of expenses incidental thereto; but said district shall not, unless 
authorized by a vote of the electors of such district, as hereinafter 
provided, become indebted in any manner, nor for any purpose, to 
any amount, including existing indebtedness, in the aggregate to ex- 
ceed one (1) per centum of the value of the taxable property therein, 
to be ascertained by the equalized assessment for State and county 
taxes for the year immediately preceding the incurring of such in- 
debtedness, but said board of commissioners may at any election in 
said district submit to the electors of said district the question of in- 
curring a larger amount of indebtedness and issuing bonds therefor; if 
a majority of the electors voting at such election on said proposition 



FORESTRY. 



shall vote for the incurring of such increase of indebtedness or bond 
issue, the same shall thereby be fully authorized; but such further in- 
crease of indebtedness, or the issuing of bonds, shall in no case ex- 
ceed, including existing indebtedness, the sum of three {'6) per centum 
of the value of the taxable property therein, to be ascertained by the 
last equalized assessment for State and county taxes previous to the 
borrowing of such money and issuing such bonds ; and before or at 
the time of issuing such bonds said board shall jjrovide for the col- 
lection of an annual tax sufficient to pay the interest on such bonds 
as it falls due and also to pay and discharge the principal thereof 
within twenty (20) years from the date of issuing such bonds. 

All general taxes proposed by said board of commissioners to be 
levied on the taxable property within said district shall be levied at 
the same time and in the same manner as taxes are now levied for city 
and village purposes under the laws of this State: Provided, the 
aggregate amount of taxes levied for any one year, exclusive of the 
amount levied for the payment of the interest on the bonded indebt- 
edness, shall not exceed the rate of one ( 1 ) mill on each dollar of the 
aggregate valuation of property within such district subject to taxa- 
tion therein as the same was equalized for State and county taxation 
for the previous year. All moneys when collected under any of the 
provisions of this act shall be paid to the treasurer of said board of 
commissioners for said district. 

§ 8. Whenever any person holding the office of president or com- 
missioner of any district formed under the provisions of this act, shall 
from any cause, either by removal from said district or otherwise, 
cease to be a legal voter within said district, his office shall be declared 
vacant and the vacancy filled by ajopointment by the Governor of some 
person qualified to hold such office, and whenever any person so ap- 
pointed president or commissioner shall refuse to act as such presi- 
dent or commissioner, as the case may be, or shall neglect to attend 
the duties of his office for such time as shall be fixed by ordinance, 
said office may be declared vacant and the vacancy filled by appoint- 
ment as above provided. 

§ 9. Any territory adjoining any forest preserve district organized 
under the provisions of this act may become a part of such district in 
the manner following: A majority of the legal voters residing within 
the territory proposed to be annexed to such district shall petition the 
board of commissioners of such district to be annexed thereto. The 
said board of commissioners of such district may, by ordinance duly 
passed, annex said territory to such district, and the same shall 
thenceforth become and be a part of said district, the same as though 
originally included in said district. 

§ 10. The president of any district organized under this act shall 
preside at all meetings of the board when present and shall be -the 
executive officer thereof; he shall sign all ordinances, resolutions and 
other papers necessary to be signed and shall execute all contracts 
entered into by the board and perform such other duties as may be 
prescribed by ordinance of the board; he shall have the right to veto • 



284 rOEESTRY — FRAUDS AND PERJURIES. 



any ordinance, resolution or other action of said board, and when so 
vetoed, snch ordinances, resolutions or other actions of said board 
shall not be effective or valid unless the same be again passed by a 
two-thirds vote of all the members of said board. The president 
shall be entitled to vote only in case of a tie. In case of the tem- 
porary absence or inability of the j)resident to perform the duties of 
his office, the commissioners may elect from their number a president 
j3?^o tern. 

Approved Mav 18, 1905. 



FRAUDS AND PERJURIES. 



SALES OF MERCHANDISE IN FRAUD OF CREDITORS. 
§ 1. What sales presumed to be fraudulent. i Approved May 13, 190.5. 
§ 2. Rules of evidence as affected by act. 

An Act entitled, "An act to prevent sales of merchandise in fraud of 

creditors." 

Section 1. Be it enacted by the Peoj^le of the State of Illinois, 
represenied in the General Assembly: That a sale of any ijortion of 
a stock of merchandise, otherwise than in the ordinary course of 
trade or in the regular and usual prosecution of the seller's business 
or a sale of an entire stock of merchandise in gross, will be presumed 
to be fraudulent and void as against the creditors of the seller unless 
the seller and purchaser shall at least five days before the sale make 
a full and detailed inventory showing the quantity and so far as pos- 
sible, with the exercise of reasonable diligence, the cost price to the 
seller of each article to be included in the sale, and unless such 
purchaser shall at least five days before the sale, in good faith, make 
full and explicit inquiries of the seller as to the names and places of 
residences or places of business of each and all of the creditors of 
the seller and the amount owing each creditor and unless the pur- 
chaser shall at least five days before the sale, in good faith, notify or 
cause to be notified, personally or by registered mail, each of the 
seller's creditors of whom the purchaser has knowledge or can, with 
the exercise of reasonable diligence, acquire knowledge, of said pro- 
posed sale and of the said cost price of the merchandise to be sold 
and of the price proposed to be paid therefor by the purchaser. The 
seller shall at least five days before such sale fully and truthfully 
answer in writing each and all said inquiries. 

§ 2. Except as especially provided in this act, nothing therein 
contained nor any act thereunder, shall change or affect the present 
rules of evidence or the present presumptions of law 

Approved May 13, 1905. 



GARNISHMENT. 285- 



GARNISHMENT. 



WAGES AND SALARIES OF PUBLIC OFFICERS. 

§ 1. Officers and employes subject to Rar- ! § 6. Failure to file answer— contempt, 
nishment. 



§ 2. Summons or writ— how served. 

§ 3. Answer— deposit— receipt. 

§4. Trial. 

§ 5. Allegations and interrogatories. 



§ 7. Fees required before answer. 
§ 8. Service in certain cases. 
Approved May 11, 1905. 



x\n Act to subject the salary and wages of officers and employes of 
counties, cities, villages, school districts and departments of either 
thereof to garnishment and attachment. 

Section 1. Be it enaded hy the People of the State of Illinois, 
represented in the General Assembly: That the salary or wages of 
any officer or any person employed by any county, city, town, village, 
school district, or any department of either thereof shall be liable to 
process of garnishment or attachment in the following manner and 
extent and with the same efPect that the salary or wages of any other 
person is or are now or may hereafter become nnder any provisions 
of any law of this State liable to snch process. 

§ 2. When the salary or w^ages of any officer of such political 
sub-division or department thereof is or are sought to be attached or 
reached by such process, the garnishee summons or writ of attach- 
ment shall be served upon the treasurer or clerk of such political 
sub-division or department thereof. And in all other cases such process 
shall be served upon the officer or head of department or the i^residing 
officer of the body in which office or department, or by which body 
the person whose salary or wages sought to be attached or garnisheed 
is employed, and the answer shall be made by the officer or person 
upon whom such service is made, or by some other officer or person 
having knowledge of the facts. 

§ 3. The officer of the corporation upon whom such garnishee 
summons have been served shall, within ten days from the date of 
service, file or cause to be filed with the justice of the peace, police 
magistrate or clerk of the court where such suit is pending, an 
answer under oath, stating the amount due the employe whose salary 
or wages have been attached or garnisheed, the amount of offset, 
credits or set-offs, the corporation has to such wages or salary at the 
time of the service of the summons; he shall also state whether such 
employe or officer, whose wages or salary is garnisheed, is the head of 
a family or not, and he shall also deposit with such justice of the 
peace, police magistrate or clerk of the court, the amount so shown to 
be due and unpaid and take his receipt for the same, and thereupon 
the said municipal corporation, shall be relieved of any further con- 
nection with such suit, and the receipt so taken from such justice,. 



286 GAENISHMENT. 



police magistrate or clerk of the court, as the case may be, shall 
become a voucher for the amount so paid, the same as if taken from 
the employe or officer whose wages or salary have been garnisheed, 
and as a payment to him in jjerson. 

§ 4. As soon as such answer of such officer is filed and money 
deposited as aforesaid, the court before which the proceedings are 
pending shall proceed to try the rights of the parties to such deposit 
as near as may be in the manner as other cases of garnishment. 

§ 5. When such officer shall be summoned to answer in any place 
other than where he resides or where his office is located or where 
his duties are usually performed, the plaintiff shall, at the time of the 
filing of the affidavit in attachment, or the affidavit in garnishment, 
and before the issuing of the summons of such case, exhibit and file 
in the court in writing, allegations and interrogatories on which he 
desires to obtain and compel an answer from such garnishee touching 
the wages or salary of any such officer or employe, a copy of which 
shall be delivered to the garnisheed at the time of the service of the 
garnishee summons, and the answer of said garnishee shall be re- 
duced to writing, signed by him and verified by his affidavit, in which 
answer he shall fully disclose and answer all of the allegations and 
interrogatories furnished him at the time of the service of the 
summons and he shall transmit the same to the court or justice issuing 
such summons within ten days from the time specified in such 
summons for answer. 

§ 6. The filing of answ^er, and deposit of the money, shall be a 
full release of the corporation garnisheed under the proceedings from 
further actions of the court. But in case the officer garnisheed shall 
fail to file an answer and make such deposit within the ten days after 
service of the summons aforesaid, then the court shall have power to 
subpoena the said officer served to appear before said court, and com- 
pel such officer to file said answer, and if it shall appear to the court 
that any money is due to the employe or officer, whose wages or 
salary is garnisheed, from the defendant corporation, the court may 
order the same deposited within a time specified, and if such officer 
shall still refuse to deposit the same, the court may proceed against 
the officer served as in cases of contempt. 

§ 7. Before any officer of any municipal cori^oration so served 
with summons, shall be required to answer he shall be paid the usual 
fees as required by law to be paid in such cases. And in case such 
officer is without the jurisdiction of the court, a dedifuus potesicdum 
may issue to take his deposition, as in other cases of law or chancery: 
Provided, however, that such deposition shall be taken and operate 
as an answer. 

§ 8. In case any officer of the corporation as is named in section 
two of this act, to be served with summons, shall be the officer or 
employe whose salary or wages are attached or garnisheed, then the 
summons shall be had upon some other officer of such corporation. 

Approved May 11, 1905, 



GUARDIANS AND WARDS. 287 



GUARDIANS AND WAEDS. 



INVESTMENT OF FUNDS OF WARDS. 



§ 1. Amends section 22, act of 1872. 

§ 22. Investments of funds by guard- 
ian rearulated. 



Approved May 13, 1905. 



An Act to amend an act entitled, "An act in regard to guardians and 
wards," approved April 10, 1872, in force July 1, 1872, [Ijy amending 
section 22'\. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That an act entitled, "An act 
in regard to guardians and wards," approved April 10, 1872, in force 
July 1, 1872, be. and the same hereby is amended at section 22 so as 
to read as follows, to-wit: 

§ 22. It shall be the duty of the guardian to put and keep his 
ward's money at interest upon security to be approved by the court, 
■or by investing, on approval of the court, the same in United States 
bonds, or in the bonds of any county or city which are not issued in 
aid of railroads, and where the laws do not permit said counties or 
cities to become indebted in excess of five per cent of the assessed val- 
uation of ijropert}^ for taxation therein, and where the total indebted- 
ness of such county or city does not exceed five per cent of the assessed 
valuation of property for taxation at the time of such investment. 
Personal security may be taken for loans not exceeding one hundred 
■dollars. Loans upon real estate shall be secured by first mortgage 
thereon and not to exceed one-half the value thereof. No mortgage 
loan shall be made for a longer time than five years nor beyond the 
minority of the ward: Provided, the same may be extended from 
year to year without the apjjroval of the court. The guardian shall 
be chargeable with interest upon any money which he shall wrong- 
fully or negligently allow to remain in his hands uninvested after 
same might have been invested. 

Approved May 13, 1905. 



288 INSURANCE. 



INSUKANCE. 



CASUALTY INSURANCE COMPANIES. 

Appioved May 16, 1905. 



§ 1. Adds a new section to act of 18S9. 

§ 12a. Examination of insurance 
companies by State Superin- 
tendent. 

An Act to amend an act entitled^ "An act to incorporate and to govern 
casualty insurance companies and to control such companies of this 
State and of other states doing business in the State of Illinois, and 
providing and fixing the punishment for violation of the provisions 
thereof, and to repeal all laws now existing ivhich conflict therewith,"^ 
approved April 21, 1899, in force July 1, 1899, hy the addition thereto- 
of a new section to he Jcnown as section 12a. 

Section 1. Be it enacted hy the Peo^jle of the State of IllinoiSy 
repi'esented in the General Assembly : That an act entitled, "An 
act to incorporate and to govern casualty insurance companies and to 
control such companies of this State, and of other states doing business 
in the State of Illinois, and providing and fixing the punishment for 
violation of the provisions thereof and to repeal all laws now existing 
which conflict therewith,"" approved April 21, 1899, in force July 1, 
1899, be and the same is hereby amended by adding a new section to 
be section 12a, and to read as follows :j 

§ 12a. In estimating the condition of any casualty insurance cor- 
poration, under the provisions of this chapter, the Insurance Super- 
intendent shall charge as liabilities all outstanding indebtedness of 
the corporation and the premium reserve on policies in force, equal to 
the unearned portions of the gross premiums charged for covering the 
risks computed on each respective risk from the date of the issuance 
of the policy. There shall also be charged as a liability to each com- 
pany which undertakes or writes insurance under sub-division second 
of section 1 of this act, whether organized under this or any other 
State or country, a further reserve as hereinafter provided. For the 
purpose of computing said reserve, each such company which has 
been engaged in liability underwriting for ten years or more, shall,, 
on or before the first day of October in each year, state in writing to 
the Insurance Superintendent its experience in the United States,. 
under all forms of liability policies, each year separately according to 
the calendar years in wdiich the policies were written, during a period 
of five years commencing ten years previous to the thirty-first day of 
December of the year in which the statement is made, in the following 
particulars, namely: The number of persons reported injured under 
all of the forms of liability policies, whether such injuries were 
reported to the home office of the given company or to any of its 
rei)resentatives ; the amount of all payments made on account or in 
consequence of injuries reported under such polices; the number 



INSUEANCE. 289 



and amount, separately, of all suits or actions against policy 
holders under such policies which have been settled, either 
by payment or compromise; both of the above amounts to be ascer- 
tained as of date of thirty-first day of Aiigxist of the year in which 
the statement is made, and to include in the case of suits all payments 
made on account or in consequence of the injury from which the 
suit arose, whether prior to or later than the date at which the suit 
was brought. Each such company shall thereupon reserve upon all 
said kind of policies, irrespective of the date at which the policies 
were issued, (1) for each suit or action pending, on injuries reported 
prior to eighteen months previous to the date of making the state- 
ment, whether such injuries were rejjorted to the home ofiice of the 
given company or to any of its representatives, and which is being 
defended for or on account of the holder of any such policy the aver- 
age cost thereof as shown by said experience, and (2) for injuries re- 
ported under such policies at any time within eighteen months, 
whether such injuries wert5 reported to the home office of the given 
company or to any of its representatives, the average cost for each in- 
jured person as shown by said experience. From the sum so ascer- 
tained the comiDanymay deduct ( 1 ) the amount of all payments on 
said pending suits on injuries reported to eighteen months, including 
all payments made on account or in consequence of the injury from 
which the suit arose, whether prior to or later than the date at which 
the suit was bi'ought. and (2) the amount of all payments made on 
account or in consequence of said injuries reported within eighteen 
months, both of the above amounts to be taken as of the date at 
which the statement is made. Any company which now issues, or 
shall hereafter issue, liability policies as aforesaid, and which has not 
been engaged in liability underwriting for ten years, shall, neverthe- 
less, until such times as it may be able to state its experience of the 
period hereinbefore required, make and maintain a reserve upon all 
said kind of policies, irrespective of the date at which the policies 
were issued, determined as follows: (1) For each suit or action 
pending on injuries reported prior to eighteen months previous to the 
date of making the statement, whether such injuries were reported to 
the home office of the given company or to any of its representatives, 
and which is being defended for or on account of the holder of any 
such policy the average cost thereof as shown by the average of said 
experience of all other companies stated as required by this section, 
and (2) for injuries reported under such policies at any time within 
eighteen months, whether such injuries were reported to the home 
office of the given company or to any of its rex)resenta fives, the aver- 
age cost for each injured person as shown by the average of said ex- 
perience of all other companies stated as required by this section: 
which average costs for suits and for injured jDersons shall be 
furnished by the Insurance Superintendent to each such company on 
or before the first day of December in each year. From the sum so 
ascertained each such company may deduct (1) the amount of all pay- 



—19 L 



290 INSURANCE. 



ments on said pending suits on injuries reported prior to eighteen 
months, including ail payments made on account or in consequence of 
the injury from which the suit arose, whether jjrior to or later than 
the date at which the suit was brought, and (2) the amount of all 
payments made on account or inconsequence of said injuries reported 
within eighteen months; both of the above amounts to be taken as of 
the date at which the statement is made. 
Appeoved May 16, 1905. 



FIRE APPARATUS — INSURANCE OF. 

§ 1. Fire apparatus may be insured. I Approved May 16, 1905. 

An Act authorizing fire insurance companies to insure sprinhlers, pumps 
or other fire apparatus, and also to insure against loss or damage by 
the same. 

Section 1. Be it enacted by the Peoi^le of the State of Illinois, 
represented in the General Assembly : That all insurance companies 
authorized to transact fire insurance business in this State may, in 
addition to the business which they are now authorized by law to do, 
insure sprinklers, pumps, and other apparatus, erected, used or put in 
position for the purpose of extinguishing fires, against damage or loss 
or injury resulting from any cause whatsoever; and may also insure any 
property which such companies are authorized to insure against loss or 
damage by fire, against damage, loss or injury by water or otherwise, 
resulting from the breaking of or injury to such sprinklers, pumps or 
other a|3paratus, or from the use or orperation of the same, arising 
from any cause whatever, upon filing with the Insurance Department 
of the State of Illinois official notification of their purpose so to do: 
Provided, the same shall be clearly expressed in the policies. 

Approved May 16, 1905. 



INSUEANCE. 291 



FRATERNAL INSURANCE SOCIETIES. 

§ 1. Amends section 12, act of 1S97. Approved May 16, 1905. 

§ 12. Inspection of fraternal companies 
by insurance superintendent — 
annual reports— refusal to make 
reports— injunctions— penalties 

An Act to amend section 12 of an act entitled, ''An act to provide for 
the organization and management of fraternal beneficiary societies for 
the purpose of furnishing life indemnity or pecuniary benefits to 
beneficiaries of deceased members or accident or permanent indemnity 
disability to members thereof; and to control such societies of this 
State and of other states doing business in this State, and providing 
and fixing the punishment for violation of the provisions thereof" 
approved and in force June 22, 1893, as amended by an act approved 
and in force May 21, 1891. 

Section 1. Be it enacted by the People of the State of Illinois, 
7'epresented in the General Assembly: That section 12 of an act 
entitled, "An act to provide for the organization and management of 
fraternal beneficiary societies for the purpose of furnishing life in- 
demnity or pecuniary benefits to beneficiaries of deceased, members 
or accident or permanent indemnity disability to members thereof; 
and to control such societies of this State and of other states doing 
business in this State, and providing and fixing the punishment for 
violation of the provisions thereof," approved and in force June 22, 
1892, [1893] and as amended by an act ap^jroved and in force May 27, 
1897, be and the same is hereby amended so as to read as follows: 

§ 12. All corporations to which this act is applicable, with their 
books, papers and vouchers shall be subject to visitation and in- 
spection by the Insurance Superintendent or such person as he may 
designate. The Insurance Superintendent may address any inquiries 
to any such corporation in relation to its doings or condition or any 
other matter connected with its transactions relative to the business 
contemplated by this act. All ofiicers of such corporation shall 
promptly reply in writing to all such inquiries under the oath of its 
president, secretary or other ofiicers, if required. Any society refus- 
ing or neglecting to make the annual report, as jorovided in this act, 
shall be excluded from doing business within this State. Said In- 
surance Superintendent must, within sixty days after failure to make 
such report, or in case any such society shall exceed its powers or 
shall conduct its business fraudulently or shall fail to comply with 
any of the provisions of this act. give notice thereof in writing to the 
Attorney General, who shall, if in his judgment the facts and circum- 
stances so shown shall warrant, immediately commence an action 
against such society to enjoin the same from carrying on any busi- 
ness. And an injunction may be granted upon proper showing by 
the Insurance Superintendent in any court of competent jurisdiction 
in this State: Provided, hoivever, that no injunction against any 



292 INSURANCE. 



society within this State or application for, or the appointment of a 
receiver, or action to prevent any such society from carrying on busi- 
ness in this State shall be made, or granted by any court, excejot on. 
the application of the Attorney General of this State, the Insurance 
SujDerintendent, or a judgment creditor and after written notice duly 
made and served upon the chief executive officer of such society 
within this State, and a full and complete hearing before such court, 
whether the party seeking such relief be the State, member of such 
society or any other person whatsoever. No society so enjoined shall 
have authority to continue business until such report shall be made 
or overt act or violation complained of shall have been corrected, nor 
until the cost of such action shall be paid by it: Provided, the 
court shall find that such society was in default as charged, where- 
upon the Insurance Superintendent shall reinstate such society, and 
not until then shall such society be allowed to again do business in 
this State. Any officer, agent or person acting for any society or 
subordinate body thereof within this State and who shall transact 
any business for such society contrary to the provisions of said in- 
junction or prohibition while such society shall be so enjoined or 
prohibited from doing business pursuant to this act, shall be deemed 
guilty of a misdemeanor and, on conviction thereof, shall be punished 
by a fine of not less than $25 nor more than $500 or by imprisonment 
in the county jail for not less than 30 days nor more than one year^ 
or by both fine and imprisonment in the discretion of the court. 
Approved May 16, 1905. 



INSURANCE. 



293 



§ 1. 



MUTUAL CASUALTY INSURANCE COMPANIES. 
Organization of companies authorized. | §16. Duty of insurance superintendent. 



§ i- 



Articles of association. 

What articles of association shall con- 
tain. 

Filing of articles— duties of insurance 
superintendent. 

§ 5. When company may commence bus- 
iness. 

§ 6. Payment of premiums. 

§ 7. Incurring debts or liabilities— loans to 
recover losses provided for. 

§ 8. Powers of cooperation. 

§ 9. Capital defined. 

§ 10. Premium notes — how deposited. 

§ 11. Right to hold real estate. 

§ 12. Cash premiums in lieu of notes. 

§13. Indenmifying employers. 

§ 14. Investment of funds regulated. 

:§ 1.5. Annual reports to insurance companies 



§ 17. Board of directors— election— other offi- 
cers. 

§ 18. Transferring risks. 

§ 19. Actions for recovery of assessments. 

§ 20. Cancellation of policies— return of 
premium notes. 

§ 21. Participation in profits. 

§ 22. Policies or contract— by whom signed— 
risks limited. 

§ 2.3. Cancellation of policy without notice. 

§ 24. Foreign corporations operating under 
this act. 

§25. Foreign corporations— further provis- 
ions. 

§ 26. Corporations organized under this act 
exempt from provisions of insurance 
laws. 

Approved May 16, 190.5. 



An Act to provide for the organization and management of mutual in- 
surance corporations for the purpose of furnishing insurance and in- 
demnity against loss to members in consequence of accidents or casu- 
■ alties to any employe, person or persons occurring in or connected 
with the business of members thereof; and to control such corporations 
of this State and other states doing business in this State and pro- 
viding and fixing the punishment for violation of the provisions 
thereof. 

Section 1. Be it enacted hy the People of the State of Illinois, 
■represented in the General Assembly : That any number of per- 
sons not less than twenty, the majority of whom shall be bona fide 
citizens of the State of Illinois, and. all of whom shall be engaged in 
the same class of manufacturing or mining, by complying with the 
provisions of this act. may become, together with others that may 
hereafter be associated with them or their successors, a body corpo- 
rate, for the purpose of carrying on the business of a mutual insur- 
ance company insuring risks hereinafter designated aud none other: 
Provided, howeve)\ that any person who shall be a partner in any 
firm, or a stockholder in any corporation, engaged in any class of 
manufacturing or mining, shall be deemed a person engaged in such 
business for the purpose of associating in the formation of any cor- 
poration under the provisions of this act. 

i^ 2. The persons i^roposing to form a corporation under this act 
shall associate themselves by making a statement to that etfect under 
their hands and acknowledge the same before some officer in the man- 
ner provided for the acknowledgment of deeds. 



294 INSURANCE. 



§ 3. Such articles of association shall state: 

First. The names of the persons associated in the first instance 
and their respective residences. 

Second. The name by which such corporation shall be known, 
which name shall not be the same as, nor resemble, the name of any 
other cor^joration organized under the laws of the State of Illinois, and 
shall embody therein the word ''Mutual." 

Third. The location of its principal ofiice for the transaction of 
its business which shall at all times during the life of such corpora- 
tion be located within the State of Illinois. 

Fourth. The objects of the corporation and the purpose of form- 
ing the same for the transaction of the business of mutual insurance 
in accordance with the provisions of this act. 

Fifth. The specific class of manufacturing or mining in which the 
incorporators are engaged and whether such incorporators are en- 
gaged as individuals, or are members of a partnership, or stockholders 
in a coporation. If not engaged as individuals, the name of the 
partnership, or corporation must be stated. 

Sixth. The number of directors, a majority of whom must be resi- 
dents of the State of Illinois, and the names and residence of those 
who are to serve as such directors until the first annual meeting of 
such company. 

Seventh. The time and place of holding the regular annual meet- 
ing of members. 

§ 4. Such articles of association, and the duplicate thereof, after 
execution and acknowledgment by the incorporators, shall be filed in 
the office of the Insurance Department of the State of Illinois. The 
Insurance Superintendent shall examine the j)roposed name of the 
corporation and shall have the right to reject any name of any corpo- 
ration applied for, when he shall deem the name similar to one in use 
by any corporation already transacting business in this State, or is 
likely to mislead the public in any respect. After such examination 
by the Insurance Superintendent, he shall cause an examination of 
said corporation to be made by his office, and if he shall find that the 
incorporators are engaged in the class of business stated in the arti- 
cles of incorporation, and that such company has received and is in 
actual possession of the premiums, the bona fide applications of in- 
surance, and the premium notes, each and all in every respect as 
provided in this act, to the full extent and value required, he shall 
certify to the same under oath, attaching such certificate to the arti- 
cles of incorporation, and duplicate thereof. The articles of incor- 
poration and duplicate thereof shall then be filed in the office of the 
Secretary of State for record. After the same shall have been re- 
corded therein, the duplicate articles of incorporation shall be certified 
to by the Secretary of State and delivered to the insurance depart- 
ment of the State of Illinois, whereupon the Insurance Superintend- 
ent shall make and deliver to said company two certified copies 
thereof, one of which shall be filed in the office of the clerk of the 
county where the principal office of the company is to be located, 



INSUEANCE. 29^ 



which shall be the authority of said company to commence business, 
and the other copy retained in the principal office of the company. 
Upon the filing of snch certified copy of articles of incorporation in 
the office of the clerk of the county, the incorporators, and those who 
thereafter may become associated with them, become and are a body 
corjDorate for the purposes set forth in said articles of incorporation, 
and are ai^thorized thereby to commence business. 

§ 5. Any company formed under the provisions of this act shall 
not commence business imtil such company shall have entered into 
agreements for insurance or indemnity, with at least twenty- five (25) 
applicants. The total amount of insurance or indemnity applied for 
shall be based upon a pay-roll of not less than an aggregate, annually, 
of two and one-half million dollars ($2,500,000), and the total amount 
of premiums upon insurance so applied for shall not be less than 
fifteen thousand dollars ($15,000), of which said last named amount 
not less than twenty-five (25) per cent thereof shall have been pre- 
viously paid in cash, and is at the time in possession of the com- 
pany, the balance of said premiums being either payable in cash or 
in secured notes or bonds, or both, which said notes or bonds shall 
be of solvent parties founded upon actual applications for insurance 
made in good faith, and are at the time in the possession of the 
company. No note or bond so given as herein provided shall be 
represented as part of the total amount of premiums required to be 
held by such company unless a policy shall be issued thereon, and 
received by the maker of said note, or bond, within thirty (30) days 
after the organization of the company upon a risk which shall be for 
no shorter period of time than twelve (12) months. No note, or bond, 
shall be accepted as a part of the total amount of premiums required 
mider this act for the purpose of the commencement of business, 
unless accompanied by a certificate of the cashier of a State or gov- 
ernment bank located in the county in which the maker of such note, 
or bond, resides: Proinded, however, that no such certificate shall 
be required if any note, or bond, given for any premium as herein 
provided shall be secured by the pledge of bonds of the United 
States, bonds of this State or any other state of the United States, or 
bonds, or evidence of indebtedness bearing interest, of any county, 
incorporated town, city or school district within this State, where 
such bonds or other evidence are issued by authority of law, and 
upon which the interest has never been in default, said bonds or 
other evidence of indebtedness so pledged being at the same time at 
or above par, and of the current value of at least twenty-five (25) per 
cent more than the face of said note, or bond. The Insurance Sup- 
erintendent is hereby given the right to demand other evidence to his 
satisfaction of the solvency and responsibility of the maker of any 
such note, or bond. 

§ 6. Every person, firm or corporation insured by any company 
organized under the provisions of this act shall pay at the time of 
receiving his policy such sum in money, and give his premium note, 
or bond, for such further sum as may be required: Provided, hoiv- 
ever, the insured may pay the entire premium in cash, and every per- 



296 INSUEANCE. 



son, firm or corporation, effecting insurance in any company organ- 
ized under this act, as well as the heirs, executors or assigns of any 
such person, or firm or the assigns or successors of any such corpora- 
tion, so long as the person, firm or corporation shall continue to be 
so insured, shall thereby become members of such corporation during 
the period of insurance, and shall be bound to pay for losses, and 
such expenses as may accrue in the" management of such company, in 
proportion as the amount of the premium for insurance effected by 
any such person, firm or corporation bears to the total premium of all 
insurance effected in the company. The directors of any company 
organized under the provisions of this act as often as they may deem 
necessary after receiving notice of any loss or damage covered by any 
policy issued by such company or of any expense incurred in the 
management of such company, shall settle, and determine the sum, or 
sums, to be paid by the several members thereof on their resj)ective 
portions of such loss, or such expense, or both, and give notice 
thereof to each member in such manner as the by-laws may require; 
said sum, or sums, so determined shall be paid into the treasury of 
such company within sixty (60) days after the giving of such notice. 
If any member, for the period of sixty (60) days after the giving of 
such notice shall neglect or refuse to pay the sum so assessed upon 
him as his proportion of any loss as aforesaid, or of any expenses of 
such company, such company may sue for and recover judgment 
against said member for the whole amount of such premium note or 
notes, with costs of suit, but execution shall only issue thereon for 
assessments and costs as they accrue. If the whole amount of pre- 
miiim notes taken and held by any company organized under the pro- 
visions of this act shall be insufiicient to pay the losses and damage 
sustained under policies issued by this company, and the expenses of 
the management of such company, then and in that event the suffer- 
ers insured by the said company shall receive towards making good 
their respective loss or losses, such i^roportional share of the whole 
amount of such notes as the total insurance carried by them bears to 
the whole amount insured by the company: Provided, however, that 
no member shall ever be required to pay as his share for any loss 
more than the whole amount of his premium. 

§ 7. No company organized under the provisions of this act shall 
incur any debt or liability whatever except for the payment of losses 
and expenses that may accrue in the management of such company: 
Provided, however, that the board of directors of any such company 
are expressly authorized to negotiate loans for any loss or losses oc- 
curing under any policy issued by such company in anticipation of 
the collection of the respective amounts from the members thereof, 
but no such loans, shall be for a longer period than six (6) months: 
And, provided, further, that the board of directors of any such com- 
pany, when authorized by a two-thirds vote of all the members of the 
comjoany, shall have the right, and are expressly authorized to incur 
indebtedness, and make contracts for the payment thereof in such 
manner as by them may be deemed advisable for the purpose of leas 
ing or purchasing real estate and erecting a building thereon, or for 



INSURANCE. 297 



the ptirxoose of erecting a building upon real estate already acquired 
either by lease or deed, the same to be used either for the princijoal 
office, or a local office of said company, but no such indebtedness shall be 
incurred until provisions shall have been made by the board of directors 
for creating and maintaining a sinking fund into which there must be 
placed annually thereafter a sum not less than five nor more than ten 
per cent of the total indebtedness so incurred, the money accumulat- 
ing in said sinking fund to be used in the extinguishment of such in- 
debtedness in such amounts and in such manner as the board of 
directors may determine. Any sum herein provided to be converted 
into said sinking fund shall be a part of the expense of the company. 

§ 8. Any company organized under the provisions of this act 
shall by its incorporated name have the power and be capable to sue 
and be sued; to make contracts of insurance upon the plan herein 
provided, in this State or elsewhere, with any person, firm or corpo- 
ration engaged in the same class of business as the incorporators: to 
prescribe the qualifications and the manner and form of the admis- 
sion or withdrawal of members; to have and use a common seal 
^hich may be changed and altered at pleasure; to be capable in its 
corporate name or in the name of a trustee chosen by the board of 
■directors, of taking, purchasing, leasing, holding and disposing of 
real and personal property for carrying into effect the purposes of 
their organization; to make by-laws and regulations not inconsistent 
with the provisions of this act, the constitution of this State or of the 
Ignited States, which by-laws and regulations shall designate the 
number of directors, define the duties of the officers and fix the term 
of office of the directors and officers of such company; to make all 
necessary rules and regulations concerning the risks incurred, the 
premium rates to be used and the adjustment and payment of losses, 
subject to the restrictions hereinafter prescribed; to fix the compen- 
sation of its directors and officers, define their duties and obligations 
and require bond for the faithful performance thereof; and, to exer- 
cise such other powers as may be necessary to efi^ect the object of 
such company. 

§ 9. In any company organized under the provisions of this act 
the amounts received for cash premiums and payments, together with 
the investments and accumulations thereof remaining on hand at any 
time shall constitute the actual funds of such company; the amount 
due on premium notes shall constitute the contingent fund, and the 
aggregate of such funds shall constitute the capital of such company, 
and the use of the word "capital" wherever it may occur in this act 
shall be held to mean and include the two fimds above designated, 
and not otherwise. 

§ 10. All premium notes or bonds deposited with any company 
organized under the provisions of this act at the time of its organiza- 
tion as herein provided, shall remain cis security for all losses and 
claims until the accumulation of their profits from investments 
allowed by this act shall equal the amount of cash capital required 
to be possessed unless the obligations of the maker thereof under 
the terms of the contract of insurance in said company shall have 



298 INSURANCE. 



sooner expired. No premium notes given at the time of the organi- 
zation of the company, and used in determining whether such com- 
pany is entitled to commence business, shall be canceled or released 
within one year, nor until all losses accruing during the continuance 
of the notes are paid, and all pledges given to secure any of said notes 
or bonds shall remain pledged with the company until the note or 
bond they are given to secure shall be paid or canceled. 

§ 11. No company organized under the provisions of this act shall 
purchase or hold any real estate except: 

First. Such as shall be necessary for the transaction of its busi- 
ness; or. 

Second. Such as shall have been mortgaged to the company in 
good faith by way of securities for debt; or, 

Third. Such as shall have been conveyed to the company in satis- 
faction of debts previously contracted in the course of its dealings : or, 

Fourth. Such as shall have been jjurchased at sales upon judg- 
ments, decrees or mortgages in favor of such company, and all real 
estate obtained by virtue of any ]3rovisions of this section, except that 
mentioned in the first subdivision, shall be sold or disposed of within 
five years after the title has been perfected in such company, unless 
the company shall procure a certificate from the insurance superin- 
tendent that the interests of said company will materially suffer by 
a forced sale, in which event the sale may be postponed for such 
period as the Insurance Superintendent shall direct in said certificate. 

§ 12. Any company organized under the provisions of this act 
shall have the right to accept cash premiums in place of premium 
notes for any term of an insurance not exceeding one year, the 
amount of cash to be paid to be determined by the directors of the 
company: Provided, hoivever, that no discrimination shall be shown, 
nor rebates, nor discounts allowed for cash premiums. 

§ 13. Any company organized under the provisions of this act is 
emjDowered and authorized to make contracts of insurance or indem- 
nity, insuring or indemnifying employers against loss in consequence 
of accidents or casualties of any kind to any employ^ or employes, 
or to any person or persons, resulting from any act or acts of any 
employe or employes ; or accidents or casualties to any person or per- 
sons or any employe or employes, resulting from any reason or cause 
whatsoever, and occurring in or connected with the transaction of 
the business of any employer. No person shall be insured by any 
company who is not engaged in the same class of business as the 
incorporators of any such company, and any contract of insur- 
ance made with any person not so engaged in the same class of busi- 
ness as the incorporators of the company shall be void. 

§ 14. No company organized under this act shall invest its funds 
in any other manner than as follows : In bonds of the United States, 
in bonds of this State or any other state or territory of the United 
States, if at or above par; in bonds and mortgages, or unincumbered 



INSUEANCE. 299 



real estate within this State or in any other state in which said com- 
pany may be transacting an insurance bnsiness. worth at least double 
the amount loaned thereon, and the value of such real estate shall be 
determined by a valuation made under oath by two freeholders of the 
county where the real estate is located (if buildings are con- 
sidered a part of such real estate they must be insured for 
the benefit of the mortgagee): in bonds or other evidence of in- 
indebtedness bearing interest of any count}', incorporated city, town 
or school district within this State, or any other state in which said 
comi^any may be transacting an insurance business, where such bonds 
or other evidence of indebtedness are issued by authority of law, and 
upon which interest has never been defaulted; in loans upon the 
pledge of stocks, bonds or mortgages or par value, if the current value 
of such stock, bonds or mortgages is at least twenty- tive (25) per cent 
more than the amount loaned thereon: and in stocks, debentures and 
bonds of incorporated companies incorporated under the laws of one 
of the states of the United States, or of the laws of the United States; 
but in no event shall more than an amount equal to twenty (20) per 
cent of the amount of the capital of the investing company be invested 
in the stocks, debentures or bonds of any one incorporated company, 
which stocks, debentures or bonds must not be below par and of the 
current value of at least fifty (50) per cent more than the amount 
loaned thereon. 

§ 15. The president or the vice president, together with the secre- 
tary of each company organized or authorized to do business under 
this act, shall annually on or before the 31st day of March of each 
year, prepare under oath and file with the Insurance Superintendent, 
a full, true and complete statement of the condition of such company 
on the 31st day of December of the preceding year, which statement 
shall set forth the following items and facts: 

First. The name of the company and where located. 

Second. The name of the officers. 

Third. The property or assets held by the company, specifying: 

1. The real value of real estate owned by the company. 

2. The amount of cash held on hand and deposited in banks to the 
credit of the company, and in which bank deposited. 

3. The amount of cash in the hands of agents and in the course 
of transmission. 

4. The amounts of loans secured by first mortgages of real estate, 
and the rate of interest thereon. 

5. The amount due the company upon which judgment has been 
obttiined. 

6. The amount of bonds of the United States, or of this State, or 
of any county or municipal corporation of this State, or any other 
bonds owned by the company, designating the amount and number 
thereof and par and market value of each kind. 

7. The amount of bonds, stocks and other evidence of indebted- 
ness held by such company as collateral security for loans, with the 
amount loaned thereon, and its par and market value. 



300 INSURANCE. 



8. The amount of assessments on premium notes paid and un- 
paid. 

9. The amount of interest actually due and unpaid. 

10. The amount for which premium notes have been given on 
-which policies have been issued. 

11. The amount remaining due and unpaid on such premium 
notes. 

12. The number and amount of premium notes canceled since 
last report. 

13. All other securities and their par and market values. 
Fourth. The liabilities of such company, specifying: 

1. Losses adjusted and due, but unpaid. 

2. Losses adjusted and not paid. 

3. Losses unadjusted. 

4. Losses in suspense and the cause thereof. 

5. Losses resisted and in litigation. 

6. Dividends in cash due, but unpaid. 

7. Dividends paid since last report. 

8. The amount of money borrowed and the security therefor. 

9. The amount due banks and other creditors. 

10. The amount required to reinsure all outstanding risks on the 
l)asis of fifty (50) per cent of the premium on all unexpired risks. 

11. All other claims against the company. 

Fifth. The income of the company during the previous year spec- 
ifying : 

1. The amount received for premiums, exclusive of premium notes. 

2. Amount of premium notes received. 

3. The amount received for interest. 

4. The amount received for assessments on premium notes. 

5. The amount received from all other sources. 
Sixth. The expenditures during the preceding year: 

1. The amount of losses paid during said year, stating how much 
of the sums accrued prior, and how much subsequent, to the date of 
the preceding statement, and the amount at which such losses were 
estimated in such statement. 

2. The amount paid for dividends. 

3. The amount paid for commission, salaries, expenses, and other 
charges of agents, clerks and other employes. 

4. The amount paid for salaries, fees and other charges of officers 
and directors. 

5. The amount joaid for local. State, national and other taxes and 
duties. 

6. The amount paid for all other expenses, including printing, 
stationery, rents and otherwise. 

7. The amount paid for adjustment of claims, including the 
amount chargeable to legal expense. 

8. The amount refunded to policy holders on canceled policies. 
Seventh. The largest amount insured in any one risk. 



INSURANCE. 301 



Eighth. The amount of risks written during the year then ending. 

Ninth. The amount of risks in force having less than one year to 
run. 

§ 16. The Insurance Superintendent shall withhold his certificate 
or permission of authority to do business from any company neglect- 
ing or failing to comply with the provisions of this act. but when the 
report provided for in this act shall have been filed, and the Insur- 
ance Commissioner is satisfied from an examination of the same, that 
the assets, securities and investments of such comi^any remain secure 
and that said company is in all things complying with the laws in re- 
lation thereto, he shall furnish a renewal of the certificate of insur- 
ance upon the payment by the company to the State of Illinois of a 
fee of ten dollars '($10). 

§ 17. The affairs of a company organized under this act shall be 
managed by a board of directors composed of not less than five (5) 
nor more than eleven (1] ) persons, all of whom shall be members of 
the company. These shall be elected by the members of the com- 
pany at the annual meeting of the members, each member being 
entitled to cast one vote for each director to be elected. The officers 
of any such company shall consist of a president, one or more vice- 
presidents, as the by-laws may provide, a treasurer and a secretary. 
all of whom shall be elected by the board of directors and all [of] whom, 
except the secretary, must be members of the company. No officer 
of any such company shall have the right to make any agreement 
with a member altering, changing or in anywise waiving any of the 
written provisions of any policy issued by such company, and every 
such agreement shall be void so far as it relates to any such policy. 
No contract or policy of insurance issued by any company shall be 
altered, changed or any of its provisions waived except by a duly 
aiithorized officer of the company acting under the written authority 
of its board of directors, by and with the consent of the insured, and 
then only when the alteration or change made, or provision waived, 
does not affect the right of any other member or members. 

§ 18. No company organized under this act shall transfer its 
risks to or reinsure them in any other corporation, association or 
society, unless the contract of transfer or reinsurance is first submit- 
ted to and approved by a two-thirds vote of a meeting of the insured, 
called to consider the same, of which meeting notice shall be mailed 
to each member of the company at least thirty (30) days before the 
date fixed for such meeting. No such company shall transfer its 
risks or assets, or any part thereof, to, [or] reinsure its risks, or any 
part thereof, in any insurance corporation, association or society, 
which is not at the time of such transfer or reinsurance authorized 
to do business in this State under the laws thereof. Every company 
organized under the provisions of this act shall set aside a reinsur- 
ance reserve of fifty (50) per cent, of its premiums as written in its 
policies, whether collected in cash or represented by obligations of 
the policy holders. 



302 INSURANCE. 



§ 19. In actions for the recovery of assessments duly levied by 
the directors of any company organized under the jDrovisions of this 
act or for money due on the liability of members of any such com- 
pany, the official statement of the president or secretary of such com- 
pany under seal and sworn to, shall be received in court as evidence 
of the facts essential for making the same, and that such assessment, 
for the non-payment of which such action is commenced, has been 
duly levied, and notice thereof given. 

§ 20. M^hen any i^olicy for which a premium note shall have been 
given in part payment of the prenii^im therefor, is canceled by the 
company, the insured must upon denuuid from the company pay his 
proportion of all losses which have actually occurred up to date when 
such policy was canceled, upon the doing of which the company shall 
return such notes to the maker thereof. 

§ 21. The members of companies organized under this act shall 
participate annually in the profits of the business of such company in 
such manner and to such extent as may be determined from year to 
year by the board of directors thereof. Before any such profits 
arising from its business shall be distributed, there shall be reserved 
therefrom : 

1. A sum equal to the whole amount of premiums on unexpired 
risks and policies which are hereby declared to be unearned pre- 
miums. 

2. All sums due the company on bonds and mortgages, stocks and 
l)ook accounts, of which no part of the principal, nor the interest 
thereon, has been paid during the preceding year, and for which fore- 
closure or suit has not been commenced, or which after judgment ob- 
tained thereon shall have remained more than two years unsatisfied, 
and on which interest shall not have been paid. 

3. All interest due or accruing or remaining unpaid. 

§ 22. All policies or contracts of insurance issued by any com- 
jjany organized under this act shall be subscribed by the president, 
or such other officer as may be designated by the board of directors 
for that purpose, and attested by the secretary thereof, and no policy 
or contract shall be issued in which the company exposes itself to loss 
on any one risk, or hazard, to any amount exceeding fifteen (15) per 
cent of its capital. 

§ 23. Any company organized and transacting business under the 
provisions of this act shall have the right to provide in any policy 
issued by it that if any member shall refuse to pay the assessment 
made against his premium note, or shall fail to pay the same within 
sixty (60) days after notice from the company, such refusal or failure 
shall operate as a cancellation of his policy without notice, and all 
liability for loss resulting thereafter shall cease to exist on the part 
of the company. It shall not be necessary for the company to serve 
any notice upon the insured on the cancellation of the policy for any 
reason herein stated. It shall have the right to provide in any policy 
issued to any member, that notice in event of loss shall be given by 
such member within fifteen (15) days after the happening thereof, 



INSURANCE. 303 



for all rights to recover uiDoii the policy shall be forfeited. The 
maximum measure of insurance or indemnity in any policy issued by 
the company must be plainly stated upon the face thereof, and in no 
event can any greater liability be lixed than the amount therein 
stated. 

§ 24. Every corporation coming within the provisions of this act, 
organized under the laws of any other state, province or territory, and 
not now doing business in this State, shall be admitted to do business 
within this State when it shall have filed with the Insurance Depart- 
ment of the State of Illinois a duly certified copy of its charter and 
articles of association, accompanied by a fee of one hundred dollars 
(1100), and a copy of its by-laws certified to by its secretary, and a 
certificate duly verified by such oflBcer to the effect that such corpora- 
tion has paid all approved claims for indemnity in full for a period of 
one year prior to applying for permission to do business within this 
State, together with, an appointment of the Insurance Superintendent 
of this State as a person upon whom process may be served as here- 
inafter provided: And, provided, that such corporation shall 
be shown by certificate to be authorized to do business in the state, 
province or territory in w^hich it is incorporated or organized in case 
the laws of such state, province or territory shall provide for such 
authorization; and in case the laws of such state, province 
or territory do not provide for any formal authorization to 
-do business on the part of such corporation, then such society 
must be shown to be conducting its business in accordance with the 
provisions of this act, for which purpose the Insurance Super- 
intendent of this State may personally, or by some person to be 
designated by him, examine the condition, affairs, character and busi- 
ness methods, accounts, books and investments at its principal office, 
which examination shall be at the expense of such corporation. If the 
Insurance Superintendent shall find, after such examination, the [thej 
objects of organization and plan of doing business are fully and defi- 
nitely set forth and are clearly within the j)rovisions of this act, and 
that the title of said corporation is not similar to one in use in this 
State, he shall approve the application of such corporation to do 
business in this State and shall issue to such corporation a permit in 
writing authorizing such corporation to do business within this State. 

§ 25. Every such corj)oration now doing business in this State or 
hereafter admitted to do business in this State and not having its 
principal office within this State, and not being organized under the 
laws of this State, shall appoint in writing the Insurance Superin- 
tendent of this State or his successor in office to be its true and law- 
ful attorney, upon whom all lawful process in any action or proceed- 
ings against it may be served, and in such writing shall agree that 
any lawful process against it which is served on said attorney shall be 
of the same legal force and validity as if served upon the corporation 
and that the authority shall continue in force so long as any liability 
remains outstanding in this State. Copies of such certificate, certi- 
fied by said Insurance Superintendent, shall be deemed suflScient evi- 



304 INSURANCE. 



dence thereof, and shall be admitted in evidence with the same force- 
and effect as the original thereof might be admitted. Service upon 
such attorney shall be deemed sufficient service upon such corpora- 
tion. When legal process against any such corporation is served up- 
on said Insurance Superintendent, he shall immediately notify the- 
society of such service by letter, jjrepaid and directed to its secretary 
or corresponding officer, and shall within two days after such services 
forward in the same manner a copy of the process served on him tO' 
such officer. The plaintiff in such process so served shall pay the In- 
surance Superintendent at the time of such service a fee of three dol- 
lars which shall be recovered by him as a joart of the taxable costs, if 
he prevails in the suit. The Insurance Superintendent shall keep a, 
record of all processes served upon him, which record shall show the 
day and hour when such service was made. 

§ 26. All corporations organized under and by virtue of this act. 
shall be governed by this act and shall be exempt from the provisions, 
of all insurance laws of this State and no law hereafter passed shall, 
apply to them unless they be expressly designated therein. 

Approved May 16, 1905. 



TOWNSHIP INSURANCE COMPANIES — ADDITIONS TO TERRITORY. 

§ 1. Amends section 1, act of 1881. 1 Approved May 16, 1905. 

§ 1. Additions to territory autliorized. | 

An Act to amend an act entitled^ "An act to give contiguous territory 
the right to become incorporated with toivnship insurance companies/'' 
approved May 31, 1881, and in force July 1, 1881. 

Section 1. Be it enacted by the People of the State of Illinois, . 
re^jvesented in the General Assemhly : That section 1 of an act en- 
titled, "An act to give contiguous territory the right to become incor- 
porated with township insurance companies," approved May 31, 1881,. 
in force July 1, 1881, be and the same is hereby amended to read as- 
follows : 

[§ 1.] That it shall be lawful for any township insurance company 
already organized, or hereafter to be organized, having less than 
twenty-five political townships in its organization, to accept or receive- 
into its said organization one or more adjoining congressional or po- 
litical townships: Provided, however, such organization shall not ia 
any event embrace more than twenty-five such townships. 

Approved May 16, 1905. 



INSUEANCE. 305 



TOWNSHIP INSUEANCE COMPANIES — CONSOLIDATION. 



i 1. Amends section 1, act of 1895. 

§ 1. Authorizes consolidation of town- 
ship companies. 



Approved May 16, 1905. 



x\n Act to amend an act entitled^ "An act to authorize the consolidation 
of township insurance companies/' approved June 21, 1895, and in 
force July 1, 1895. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That section 1 of an act en- 
titled, "An act to antliorize the consolidation of township insurance 
companies," approved June 21, 1895, and in force July 1, 1895, be 
and the same is hereby amended to read as follows : 

§ 1. That is [it] shall be lawful for any number of township mut- 
ual fire insurance companies, already organized or hereafter to be or- 
ganized, not exceeding twenty-live political townships of contiguous 
territory, to consolidate the same into one company. 

Appeoved May 16, 1905. 



TOWNSHIP INSUEANCE COMPANIES^POETABLE PEOPEETY. 

§ 1. Amends section 8, act of 1874. Approved May 13, 1905. 

§ 8. What risks allowed— live stock, 
etc., temporarily out of district 
—obligation of insured. 

An Act to amend an act entitled, "An act to revise the law in relation 
to township insurance companies," approved March 2J/., 187 J^, in force 
July 1, 187 J^. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the, General Assembly : That section eight (8) of 
"An act to revise the law in relation to township insurance compan- 
ies," approved March 24, 1874, in force July 1, 1874, be amended so 
as to read as follows : 

§ 8. Mannee of insueing.] Such companies may issue policies 
only on detached dwellings, barns, (except livery, boarding and hotel 
barns) and other farm buildings, school houses and churches, and 
such property as may be properly contained therein, also other prop- 
erty on the premises and owned by the insured, also live stock, (hay 
and grain in the stack) on the premises of the insured and anywhere 
in the territory of the company, for any time not exceeding live years 
and not to extend beyond the limited duration of the charter, and for 
an amount not to exceed four thousand, five hundred dollars on any 
one risk; said policies may cover loss of or damage to live stock, har- 
ness and vehicles, temporarily taken from the territory of the com- 
pany, provided said live stock, harness and vehicles be not removed 
to exceed twenty-five miles from the territory of the company. All 

—20 L 



306 INSURANCE — JURORS. 



persons so insured shall give their obligations to the company bind- 
ing themselves, their heirs and assigns, to pay their pro rata share 
to the company of the necessary esj)enses, and of all losses by fire or 
lightning which may be sustained by any member thereof during the 
time for which their respective policies are written, and they shall 
also, at the time of effecting the insurance, pay such percentage in 
cash and such other charge as may be required by the rules and by- 
laws of the company. 
Approved May 13, 1905. 



JURORS. 



EXEMPTIONS FROM JURY SERVICE. 



§ 1. Amends section 4, act of 1901. 

§ 4. Persons exempt from serving on 
juries. 



Approved May 12, 1905. 



An Act to amend section U of an act entitled, "An act concerning jurors 
and to repeal certain acts therein named" approved and in force Feb. 
11, 187^, as amended hy act approved May 11, 1901, in force July 
1, 1901. 

Section 1. Be it enacted hy the People of the State of Illinois 
represented in the General Assembly : That section 4 of an act en- 
titled "An act concerning jurors, and to repeal certain acts therein 
named," approved and in force Feb. 11, 1874, as amended by act ap- 
proved May 11, 1901, in force July 1, 1901, be and the same is hereby 
amended so as to read as follows: 

§ 4. The following persons shall be exempt from serving as jurors, 
to- wit: The Governor, Lieutenant Governor, Secretary of State, 
Auditor of Public Accounts, Treasurer, Superintendent of Public In- 
struction, Attorney General, members of the General Assembly dur- 
ing their term of office, all judges of courts, all clerks of courts, 
sheriffs, coroners, postmasters, mail carriers, practicing attorneys, all 
officers of the United States, officiating ministers of the Gospel, 
school teachers during the term of school, practicing physicians, reg- 
istered and assistant pharmacists, constant ferrymen, mayors of cities, 
policemen, active members of the fire department, embalmers, under- 
takers and funeral directors actively engaged in their business, and 
all persons actively employed upon the editorial or mechanical staffs 
and departments of any newspaper of general circulation printed and 
published in this State: Provided, that every fireman who shall 
have faithfully and actively served as such in any volunteer fire de- 
partment in any city of this State, for the term of seven years, may 
thereafter be exempt from serving on juries in all courts. 

Approved May 12, 1905. 



LANDLORD AND TENANT — LIBRARIES. 



o07 



LANDLOKD AND TENANT. 



REMOVAL OF FIXTURES BY TENANT. 

§ 1. Amends act of 187.3 by adding new sec- Approved May 13, 1905. 
tion thereto. 

§ 35. Tenant may remove fixtures 
erected by himself. 

An Act to amend ^'An act to revise the law in relation to landlord 
and tenant,"" approved May 1. 187 3, in force July 1, 1873, by add- 
ing thereto an additional section, to be known as section 35. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That "An act to revise the 
law in relation to landlord and tenant," approved May 1, 1873, in 
force July 1, 1873, hereby is amended by adding thereto an addi- 
tional section, to be known as section 35, to read as follows: 

§ 35. Subject to the right of the landlord to distrain for rent, a 
tenant shall have the right to remove from the demised premises all 
removable fixtures erected thereon by him during the term of his 
lease, or of any renewal thereof, or of any successive leasing of the 
premises while he remains in possession in his character as tenant. 

Approved May 13, 1905. 



LIBKARIES. 



FREE PUBLIC LIBRARIES. 



§ 1. Amends sections 10 and 11, act of 1903. 

§30. Petition for organization— elec- 
tion— form of ballot- tax levy. 



ill. Library board— election— special 
election for first board. 



Approved May 16, 1S05. 



An Act to amend sections 10 and 11 of an act entitled, "An act to au- 
thorize cities, incorporated towns and townships to establish and 
maintain free public libraries and reading rooms," approved and in 
force March 7, 1872, as amended by an act approved May 13, 1903. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: Sections 10 and 11 of an act 
entitled, "An act to authorize cities, incorporated towns and town- 
ships to establish and maintain free j)ublic libraries and reading 
rooms," api^roved and in force March 7, 1872, as amended by an act 
approved May 13, 1903, are hereby amended to read as follows: 

§ 10. When fifty legal voters of any incorporated town, village or 
township shall present a petition to the clerk of the town, village or 
township (or trustee of schools in counties not under township organ- 



308 LIBEAKIES. 



ization) asking that an annual tax may be levied for the establish- 
ment and maintenance of a free public library in such town or town- 
ship, and shall specify in their petition a rate of taxation not to ex- 
ceed two mills on the dollar, such clerk (or trustee of schools in 
counties not under township organization) shall, in the next legal 
notice of the regular annual election, in such town, village or town- 
ship, or of a special election called for that purpose, give notice that at 
such election every elector may vote "For a.... mill tax for a free 
public library'' or "Against a . . . . mill tax for a free public library," 
specifying in such notice the rate of taxation mentioned in said peti- 
tion: and if the majority of all the votes cast in such town, village or 
township shall be "For" the tax for the free public library, the tax 
specified in such notice shall be levied and collected in like manner 
with other general taxes of said town, village or township, and shall 
be known as the "Library Fund:" Provided, that such tax shall 
cease in case the legal voters of any such town, village or township 
shall so determine, by a majority vote, at any annual election held 
therein; and the corporate authorities of such towns or villages may 
exercise the same powers conferred upon the corporate authorities of 
cities under this act: And, provided, further, that whenever the pe- 
tition, signed and filed with such clerk (or trustee of schools in 
counties not under township organization) as above jDrovided, shall 
request the holding of a special election for the purpose of voting 
upon the proposition of authorizing the levy of said specified tax for 
a free public library, such clerk (or trustee of schools) shall promptly 
call such election in the manner provided by law for the calling of 
elections in such village, town or township. 

§ 11. At the next regular election after any town, village or town- 
ship shall have voted to establish a free public library, there shall be 
elected a library board of six directors, one-third for one year, one- 
third for two years, one-third for three years, and annually thereafter 
there shall be elected two directors who shall hold their office for three 
years and until their successors are elected and qualified, which board 
shall have the same powers as are by this act conferred upon the board 
of directors of free public libraries in cities: Provided, that the 
village council or board of trustees of any such village, or clerk of 
any such town or township, (or trustee of schools in counties not 
under township organization) may call a special election for the 
election of such first library board of six directors, after such town, 
village or township shall have voted to establish a free public library: 
Provided, further, that any person in said respective villages or town- 
ships authorized by law to vote at school elections, may be voted for 
and shall be eligible to hold the said ofiice of director. 

Approved May 16, 1905. 



LIBEAEIES. 809 



LIBRARY employes' PENSION FUND. 

§ 1. Fund— how created. | § 93^^. Beneficiaries to file statement of intent. 

§2. "Employe" deflned-withdrawals reg- j § lo. Retirement for disability, 
ulated. 



§ 11. Dismissals and resignations. 

§ 12. Monthly reports to treasurer of fund. 

§ 13. Annuities exempt from execution— as- 
signments prohibited. 



§ 3. Custodian of fund— bond--filing--breach. 

§ 4. Trustees of fund— powers and duties. 

§ 5. Trustees— how constituted- -election. 

§ 6. Trustees— vacancy— powers and duties. 

§14. Interference with enforcement of act— 
§7. Beneficiaries of fund. ' penalty. 

§8. Benefit to widow or minor children. ! ^ ^g Repeal. 

§9. Annuitants— retiring from service. j Approved May 12, 1905. 

An Act to provide for the formation and disbursement of a puhlic 
library employes^ pension fund in cities having a population ex- 
ceeding 100,000 inhabitants. 

Section 1. Be it enacted by the People of tlie State of Illinois 
represented in the Genercd Assembly : That the board of directors 
of public libraries organized under an act of the General Assembly of 
the State of Illinois, entitled, "An act to authorize cities, incorporated 
towns and townships to establish and maintain free public libraries 
and reading rooms," approved and in force March 7, 1872, and main- 
tained thereunder in cities having a population exceeding one hun- 
dred thousand inhabitants, shall have power, and it shall be its duty, 
to create a public library employes' pension fund, which shall 
consist of amounts retained from the salaries or wages of employes as 
hereinafter provided, which amounts shall be deducted in equal 
monthly installments from such salaries or wages at the regular time 
or times of the payment thereof, and such other moneys derived from 
miscellaneous sources as the board of directors shall determine. 

§ 2. The term "employe" under this act shall include all persons 
in the employ of the ijublic library board receiving a stipulated 
salary per annum, and this act shall ajDply only to those employes 
who voluntarily accept and agree to comply with its provisions. 
Any employe, a part of whose salary may be set apart hereafter to 
provide for the fund created by this act, may be released from the 
necessity of making further payments to said fund by tiling a written 
notice of his or her desire to withdraw from complying with the pro- 
visions of this act with the board of trustees hereinafter mentioned, 
which resignation shall operate and go into effect immediately upon 
its receipt by said board of trustees. 

§ 3. The city treasurer, subject to the control and direction of the 
board of trustees hereinafter mentioned, shall be the custodian of 
said pension fund, and shall secure and safely keep the same, and 
shall keep books and accounts concerning said fund, in such manner 
as may be prescribed by the said board of trustees, which said books 
and accounts shall always be subject to the inspection of said board 
of trustees, or any member thereof. The city treasurer shall, within 



810 LIBEAEIES. 



ten days after his election or appointment, execute a bond to the 
city, with good and sufficient sureties, in such penal sum as the said 
board of trustees shall direct, which said bond shall be approved by 
the said board of trustees, and shall be conditioned for the faithful 
performance of the duties of said office, and that he will safely keep 
and well and truly account for all moneys belonging to said pension 
fund, and all interest thereon, which may come into his hands as such 
treasurer, and that upon the expiration of his term of office, or upon his 
retirement therefrom for any cause, he will surrender and deliver over to 
his successor all unexpended moneys, with such interest as he may have 
received thereon, and all property which may have come into his 
hands as treasurer of said pension fund. Such bonds shall be filed 
in the office of the city clerk of said city, and in case of a breach of 
the same, or the conditions thereof, suit may be brought on the same 
in the name of the said city for the use of said board of trustees, or 
any person or persons injured by such breach. 

§ 4. The board of directors of such library shall, in the month of 
September, immediately following the passage of this act, arrange for 
the election of a board of trustees of said pension fund composed of 
five members, to be chosen as hereinafter provided, which election 
shall be held not later than October 31st of the same year. Said 
board of trustees shall have power, and it shall be its duty to admin- 
ister said fund and to carry out the provisions of this act, and for the 
purpose of enabling such board of trustees to perform the duties im- 
posed and exercise the powers created by this act, the board of trus- 
tees shall be, and is hereby declared to be a body politic and corporate. 

§ 5. The said board of trustees shall consist of the president and 
secretary of the board of directors of such public library, two em- 
ployes contributing to said fund and one other member of said board 
of directors. The president and secretary of such board of directors 
shall be ex officio members of such board of trustees. The three 
other members of such board of trustees shall be elected by ballot by 
the employes contributing to said fund at the time and for the terms 
respectively, as follows: At the first election the contributors to said 
fund shall elect one of their number to serve for the term of one year 
and one of their number to serve for the term of two years and annu- 
ally thereafter said contributors shall elect one of their number to 
hold office for the term of two years. At each election the contribu- 
tors shall elect a member of the board of directors of such public 
library to serve as a member of such board of triistees for a term of 
one year. 

§ 6. Whenever any elective member of the board of trustees shall 
cease to be in the employ of or to be a member of said board of direc- 
tors of such public library, his or her membership in said board of 
trustees shall cease. 

Said board of trustees shall have power and it shall be its duty: 

(1) To determine the amount which shall be deducted from the 
salaries or wages paid to employes for the benefit of said pension 



LIBKAEIES. 311 



fund: Provided, the amount of such deduction shall not be less than 
six dollars nor more than forty-eight dollars per year for each em- 
ploye. 

(2) To make all payments from said pension fund pursuant to the 
provisions of this act. 

(3) To administer and invest in its discretion any part of the said 
pension fund remaining in the hands of said treasurer. 

(4) To pay all necessary expenses in connection with the admin- 
istration of said fund and in carrying out the provisions of this act 
for which provision is not otherwise made. 

(5) To determine the amount to be paid as benefits or annuities 
under this act and to increase or reduce the same in its discretion: 
Provided, that no benefit or annuity shall exceed six hundred dollars 
per year. 

(6) To take by gift, grant or bequest, or otherwise, any money or 
property of any kind and hold the same for the benefit of said fund. 

(7) To purchase, hold, sell or assign and transfer any of the secur- 
ities in which said fund or any part thereof may be invested, subject 
to the approval of the board of directors of such public library. 

(8) To exemi^t any of said employes from the operation of this 
act, whenever in its judgment the interests of said fund shall render 
such exemption necessary and advisable. 

(9) To fill any vacancy or vacancies in said board of trustees 
until the next annual election, as hereinbefore provided. 

(10) To make and establish all such rules for the transaction of 
its business and such other rules, regulations and by-laws as may be 
necessary for the proper administration of said fund committed to its 
charge, and the performance of the duties imposed upon it. 

(11 ) It shall keep full and complete records of its meetings and of 
the receipts and disbursements on account of such fund, and also 
complete lists of all contributors to said fund, and of all annuitants 
receiving benefits therefrom, and such other records as in its judg- 
ment shall seem necessary, and shall make and publish annually a 
full and complete statement of its financial transactions. 

(12) Said board shall hear and determine all applications for 
benefits under this act, and shall have power to suspend any annuity 
whenever, in its judgment, the disability of such beneficiary has 
ceased, or for other good cause. 

(13) To compromise, settle or liquidate any claim against said, 
fund, by surrendering the contribution or contributions of any indi- 
vidual or individuals, and make the necessary rules, prescribing the 
terms under which such settlements may be made, providing there 
shall be no rule allowing restitution of deductions from salaries after 
the contributor shall have become eligible to an annuity under this; 
act. 

§ 7. Any contributor to said fund who shall have attained the age 
of fifty-five years, and shall have been in the service of said public 
library board for a period of ten years, and shall have contributed to- 



312 LIBRARIES. 



said fund for the same period, shall have the right to retire and be- 
come a beneficiary under this act, and to receive such benefit or 
annuity from said fund as shall be determined by said board of trus- 
tees, which said benefit or annuity shall be proportionate to the 
amount of the contributions of such employe. 

§ 8. Upon the death of any contributor who is not nor has been a 
beneficiary under this act, the said board of trustees may pay an 
amount not exceeding one year's benefit to the widow, if any, of such 
deceased contributor, and if there be no widow, said board of trustees 
may expend said amount for the benefit of the minor children, if any, 
of such deceased contributor. 

§ 9. Any person who has been an employe of said jjublic library 
board for a period of twenty years or more, and is a contributor to 
said fund, may retire from the service of said public library board 
upon sixty days' notice to be given to said board of trustees ( unless 
such notice is waived by said board of trustees), and become an an- 
nuitant under this act: Provided, such person shall have contributed 
to said fund for a period of not less than five years, or shall at the 
time of becoming a contributor pay into the fund the equivalent of 
five years' contribution thereto. 

§ 9^. Every person who is in the employ of the board of directors 
of such library when this law goes into effect and who intends to be- 
come a beneficiary of the pension fund created thereby shall, on or 
before the fifteenth day of November succeeding the election of said 
board of trustees, file a statement of such intent with said board upon 
blanks prepared for that purpose. Every person who enters the ser- 
vice of the board of directors of such library after this law has taken 
effect and who intends to become a beneficiary under this act shall with- 
in six months after such entry file a statement of such intent with said 
board of trustees upon blanks prepared for that purpose: Provided, any 
person in the employ of the board of directors of such library who 
may have failed or neglected to file within the specified time said in- 
tention to become a beneficiary under this act may do so at any time 
by paying into said pension fund an amount equivalent to the contri- 
butions which would have been paid to that date had the person be- 
come a contributor at the time the law became effective or at the date 
of his entry into the service of the board of directors of such library. 

§ 10. Any j^erson who has contributed to said fund for a period of 
ten years or more may retire from the service of said public library 
board on account of serious disability, rendering him or her unable 
to properly discharge his or her duties, upon ninety days' notice to 
be given to said board of trustees ( unless such notice is waived by 
said board of trustees) and may become an annuitant under this act, 
and shall thereupon be entitled to receive for a period of two years 
(which may be extended upon proof of continued disability) such 
part of the annuity then allowed under the rules, as said trustees 
may determine. 



LIBRARIES. '6Vd 



§ 11. Any emj)loye who has been contributing to said fund and 
who shall be dismissed or resign from the service of said jjublic 
library board, may, upon application made within three months after 
■date of such dismissal or resignation, receive one-half of the total 
amount paid into said fund by such person so dismissed. 

§ 12. The president and secretary of the public library board 
shall certify monthly to the treasurer all amounts deducted in accord- 
ance with the provisions of this act from the salaries paid by the 
public library board, which amounts as well as all other sums con- 
tributed to said fund under the provisions of this act, shall be set 
apart and held by said treasurer for the purpose hereinbefore speci- 
fied, subject to the order of said board of trustees and shall be paid 
out upon warrants signed by the president and secretary of said 
board of trustees. 

§ 13. All annuities granted under the provisions of this act shall 
be exempt from attachment and garnishment process and no annui- 
tant shall have the right to transfer or assign his or her annuity, 
either by way of mortgage or otherwise. 

§ 14. Any person who shall, directly or indirectly, avoid or seek 
to avoid any or all the provisions of this act or who shall, directly or 
indirectly, interfere with or obstruct the enforcement of any of the 
provisions of this act, shall be guilty of a misdemeanor and shall, on 
conviction thereof, be punished by a fine of not less than fifty dollars 
and not exceeding one thousand dollars, or by imx^risonment in the 
county jail for a term not exceeding six months, or both such fine or 
imprisonment in the discretion of the court. 

§ 15. All laws and parts of laws which are inconsistent with this 
act or any provision thereof are hereby repealed. 

Approved May 12, 1905. 



TOWNSHIP LIBRARIES. 

1 1. Borrowing money for library purposes. I § 5. Judges of election— oath. 

I 2. Issuing bonds for library purposes. i §6. Returns of election-how made-failure 

to return poll book— penalty. 

§3. Deposit of money— registration nf bonds '• g 7_ Refunding bonds. 

—canceling bonds when paid. i ,, „ ^ _...£- j. n j. , 

i § 8. Certmcate for tax levy. 

§ 4. Election for borrowing money- f(jrm of j § 9. Duties of county clerk as to tax levy. 

notice. I Approved May 18, 19a5. 

An Act to enable hoards of directors of public libraries to borroiu 
money for the erection or improvement of library buildings or to pur- 
chase library sites. 

Section 1. Be it enacted by the People of the State of Illinois 
rejyresented iri the General Assembly. That for the purpose of 
erecting, repairing or improving library buildings, or purchasing sites 
for library buildings, the directors of any township library, organized 



314 LIBKAKIES. 



under the laws of this State, when thereunto authorized by majority 
of all the votes cast at an election called for that purpose, may borrow 
money, and may issue bonds therefor, in the sums of not less than 
one hundred dollars ($100), bearing interest at a rate not exceeding 
six per centum per annum, and for a term not to exceed twenty years: 
Provided, that the sum borrowed in any one year shall not exceed 
five per centum (including existing indebtedness) of the taxable 
property of the township, to be ascertained by the last assessment 
for State and county taxes previous to the incurring of such in- 
debtedness. 

§ 2. All bonds authorized to be issued by virtue of the foregoing 
section, before being so issued, negotiated and sold, shall be signed 
by the president and secretary of such board of directors, and shall 
be registered, numbered and countersigned by the supervisor of the 
township wherein such library is located. Such registry shall be 
made in a book to be kept for that purpose, and in such register shall 
be first entered the record of the election authorizing the directors to 
borrow money, and then a description of the bonds issued by virtue 
of such authority, as to number, date, to whom issued, amount, rate 
of interest, and when due. 

§ 3. All moneys borrowed under the authority granted by this act 
shall be paid to the supervisor of the township wherein the bonds 
issued therefor are required to be registered, and upon receiving such 
moneys, the supervisor shall deliver the bond or bonds issued there- 
for, to the parties entitled to receive the same, and shall credit the 
sums received to the library fund of township issuing the bonds. 
The said supervisor of said township shall enter in the said bond 
register the exact amount received for each and every bond issued. 
And when any such bonds are paid, the supervisor shall cancel the 
same and shall enter in the said bond register against the record of 

such bonds, the words, "Paid and canceled the day of 

A. D. . . .," tilling the blanks with day, month and year corresponding 
with the date of such payment. 

§ 4. Whenever it is desired to hold an election for the purpose of 
borrowing money as provided for in this act the board of directors of 
the public library of such township shall give at least ten days notice 
of the holding of such election by posting notices in at least five of 
the most public places in said township and also by publishing such 
notice at least once in some newspaper published in said township, 
if any such there be. Such notices shall specify the place where 
such election is to be held, the time of opening and closing the polls 
(which shall be not less than four consecutive hours), and the ques- 
tion or proposition to be voted upon, which notice of election may be 
substantially in the following form, viz: 



LIBEAEIES. 315 



Notice of Election. 

Public notice is hereby given that on the day of A. 

D . . . . , an election will be held at in township, being 

township No range of the principal meridian in 

county in Illinois, for the purpose of voting '" For" or "Against" the 
proposition to issue the bonds of said township to the amount of ... . 
. . . .dollars due (here insert the times of payment, giving the amount 
falling due each year, if the bonds mature at different dates ) which 

bonds are to bear interest at the rate of per cent, per annum, 

payable annually. 

The polls of said election will be open from o'clock. . . .M. 

until .". o'clock M. 

Dated this day of A. D . . . . 

Board of Directors of Public Library. 



President. 



Secretary. 

§ 5. At such election two of the directors of such library shall act 
as judges and one of said directors shall act as clerk. In case either 
or any of said directors shall fail, from any cause, to be present or to 
act at such election, at the time of opening the polls therefor, the 
legal voters assembled shall choose from their number two persons to 
act as two judges and a clerk of such election. The said judges and 
the said clerk shall take and subscribe the oath required of judges 
and clerks of an election held for State and county officers, and such 
oath shall be administered in the same manner as is or may be pro- 
vided for administering oaths to judges and clerks at a State or 
county election. At such election all votes shall be by ballot. 

§ 6. Within ten days after every such election the judges shall 
cause the poll book to be returned to the town clerk of the township 
in which such library is located with a certificate thereon showing 
the result of such election, which poll book shall be filed and safely 
kept by the said town clerk, and shall be evidence of such election. 
For a failure to return such poll book to said town clerk within the- 
time prescribed, the judges and clerk of such election shall severally 
be liable to a penalty of not less than twenty-five dollars ( $25 ) nor 
more than one hundred dollars ($100), to be recovered in a suit in 
the name of the People of the State of Illinois, before any justice of 
the peace, and when collected shall be added to the library fund of 
the township in which such library is located. 

§ 7. In all cases where any board of directors of any township 
library have issued or may hereafter issue bonds, or other evidence 
of indebtedness for money on account of any public library building, 
or for the improvement thereof, which remain outstanding and which 
are properly authorized by law, such board of directors may, upon 
the surrender of any such bonds or other evidence of indebted- 
ness, or any number thereof, issue in place or in lieu thereof. 



*316 LIBEAEIES. 



or to take up the same to the holders or owners of the same, or to 
other persons for iioney with which to take up the same, new bonds 
or other evidences of the indebtedness in such form, of such amount, 
upon such time, not exceeding the term of twenty years, and drawing 
such rate of interest, not exceeding six per centum per annum, as 
may be determined upon, and such new bonds or other evidences of 
indebtedness so issued shall show that they are issued under this act: 
Provided, that the issue of such new bonds in lieu of such indebted- 
ness shall be authorized by the legal voters of such township voting 
at an election called and conducted as other elections i^rovided for in 
section 4 of this act: And, provided, fuiiher, that such bonds or 
other evidences of indebtedness shall not be issued so as to increase 
the aggregate indebtedness of such township beyond five per centum 
of the value of the taxable property therein, to be ascertained by the 
last assessment for State and county taxes, prior to the issuing of such 
bonds or other evidences of indebtedness. 

§ 8. The board of directors of the i3ublic library of any township, 
which shall have issued bonds pursuant to the provisions of this act, 
shall, on or before the first Tuesday in August, of each year, ascertain 
as near as practicable, the amount of money which must be raised by 
special taxation for the ensuing year, for the purpose of paying the 
interest upon such bonds and the principal thereof, as they shall res- 
pectively become due; and shall cause the same to be certified, under 
the hands of the president and secretary of such board of directors, 
and filed in the office of the county clerk of the county in which lib- 
rary is situated, on or before the second Monday in August of each 
year, which certificate may be substantially in the form following: 

We hereby certify that the board of directors of the Public 

Library have determined that they will require the sum of 

dollars ($....), to be levied as a special tax ujjon the taxable prop- 
erty of township, for the year A. D . . . . , for the purpose of 

paying the bonds of said township and the interest thereon. 

Given under our hands, this day of A. D . . . . 

Board of directors of Public Library. 



President. 



Secretary . 
§ 9. It shall be the duty of the county clerk when making out the 
tax books for the collector to comjiute each taxable person's taxes in 
such township upon the total amount of taxable property as equal- 
ized by the State Board of Equalization for that year, whether belong- 
ing to residents or non-residents, and also each and every tract of 
land assessed by the assessor, which lies in such township. Such 
comj)utation shall be made so as to realize the amoimt of money re- 
quired to be raised in such township, as shown and set forth in the 
certificate of tax levy, made out by the board of directors of such pub- 
lic library and filed with the said county clerk as required by the 



LIBRARIES — MARRIAGES. 



31T 



provisions of this act. The said county clerk shall cause each per- 
son's tax so computed to be set upon the tax books, to be delivered to 
the collector for that year in a separate column, against each tax- 
payer's name, or parcel of taxable property, as it appears in said<'ol- 
lector's books, to be collected in the same manner and at the same 
time and by the same persons as State and county taxes are collected. 
The computation of each person's tax and the levy made by the clerk, 
as aforesaid, shall be final and conclusive: Provided, that the rate 
shall be uniform and shall not exceed that required by the amount 
certified by the board of directors as aforesaid, together with the esti- 
mated cost of extending and collecting the same. 
Approved May 18, 1905. 



MAKRIAGES. 



REVISION OF MARRIAGE LAWS. 



§ 1. Amends sections 3, 4, 6, 13, and 15, act 

of 1874. 

§ 3. Requirements as to age. 

§ 4. Who may celebrate— common law 



§ 6. License— duty of county clerk- 
affidavits— penalty. 
§ 13. Illegal license— penalty. 
§ 15. Illegal ceremony— penalty. 
Approved May 13, 1905. 



An Act to amend sections three {3), four {Jf), six {6), thirteen {13) 
and fifteen {15) of an act entitled, "An act to revise the law in rela- 
tion to marriages," approved February 27, 1874, in force July 1, 
187h. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That sections three (8), four 
(4), six (6), thirteen (18) and fifteen (15) of an act entitled "An act 
to revise the law in relation to marriages," approved February 27, 
1874, in force July 1, 1874, be and the same are hereby amended so 
as to read as follows: 

§ 8. Male persons of the age of 21 years and upwards, and fe- 
male persons of the age of 18 years and upwards, may contract and 
be joined in marriage: Provided, that a male person of eighteen 
years of age and upwards or a female person sixteen (16) years of age 
and upwards may contract a legal marriage if the parent or guardian 
of such person shall appear before the county clerk in the county 
where such minor person resides, and shall make affidavit that he or 
she is the parent or guardian of said minor and give consent to the 
marriage. Such parent or guardian shall, when giving consent to such 
marriage, make affidavit as to the date and place of birth, and place 
of residence of such minor and shall submit such proof of such 



318 MARRIAGES. 



minor's age as the county clerk may deem necessary to comply with 
the purposes of this act: Provided, further , ihni this act shall not 
repeal any act or portion of an act entitled, "An act concerning bast- 
ardy." 

§ 4. Marriages may be celebrated either by a regularly ordained 
minister of the gospel in regular standing in the church or society to 
which he belongs, by a judge of any court of record, by a justice of 
the peace, by any superintendent of any public institution for the ed- 
ucation of the deaf and dumb in this State, or if the parties, or either 
of them, are members of the religious society known as Friends or 
Quakers, they may lawfully be married by making known their inten- 
tions to marry to a standing committee of any official meeting at least 
one week before such marriage is consummated, and by appearing in 
a public meeting or private gathering before official witnesses of said 
body, with a certificate duly setting forth the names and residence 
of each contracting party, and of the parents of each, if living, which 
said certificate shall be signed by the contracting parties and the offi- 
cial witnesses and shall be publicly read by one of the witnessing 
parties, and afterwards duly recorded upon the records of an organ- 
ized meeting of said society: Provided, however, that all marriages 
commonly known as "common law marriages" hereafter entered into 
shall be and the same are hereby declared null and void unless after 
the contracting and entering into of any such common law marriage 
a license to marry be first obtained by such parties who have entered 
into such common law marriage and a marriage be solemnized as pro- 
vided by this act in the same manner as is provided for persons who 
have obtained a license to be joined in marriage and are about to be 
joined in any such marriage. And any children born to parties who 
have entered into such common law marriage shall be and are deemed 
legitimate upon the parents having obtained a license to marry and 
are marrried in the manner provided in this act. 

§ 6. Persons intending to be joined in marriage, shall before their 
marriage obtain a license from the county clerk of the county where 
such marriage is to take place, anything in any general or special law 
of this State to the contrary notwithstanding. For the purpose of 
ascertaining the age of the parties and the legality of the contem- 
plated marriage, the county clerk shall obtain an affidavit of the party 
applying for the license (who must be one of the parties to the con- 
templated marriage) and such county clerk may, if he deems proper, 
obtain the affidavit of both parties to the contemplated marriage, and 
of any other person or persons, and any applicant for any such li- 
cense, and any person or persons who are about to be married under 
any such license or any other person making any such affidavit above 
mentioned who shall wilfully and knowingly swear falsely as to any 
material matter in any such affidavit, or to the age of either of the 
parties to the contemplated marriage, where such age is material, and 
the county clerk is thereby induced to issue a marriage license per- 
mitting persons to be joined in marriage who are legally incapable or 
who have not the right to be joined in marriage, shall be punished by 



MARRIAGES — MEDICINE AND SURGERY. 



319 



a fine of not less than one hundred dollars ($100) nor more than one 
thousand dollars ($1,000), or by imprisonment in the county jail for 
not more than one (1) year, or by both such fine and imprisonment. 

§ 13. If any county clerk shall knowingly issue a license for the 
marriage of persons who are legally incapable of contracting a marriage, 
he shall be deemed guilty of a misdemeanor, and upon conviction, be 
punishable by a fine of not less than one hundred dollars ($100) nor 
more than five hundred dollars ($500) for each and every offense. 

§ 15. If any person who is authorized by law to'perform a marriage 
-ceremony shall perform the same without a license having first been ob- 
tained therefor, as provided by law, he or they shall, for every such 
offense, forfeit and pay one hundred dollars ($100). to be recovered in 
the name of the people of the State in an action of debt in any court 
of competent jurisdiction: Provided, this section shall not apply 
where the intention of the parties to marry has been published, as re- 
quired in section six (6) of this act. 

Approved May 13, 1905. 



MEDICINE AND SURGERY 



BOARD OF DENTAL EXAMINERS CREATED. 



'% 1. Creation of board— appointments by 
Governor— eligibility— term of office 
—vacancy. 

§ 2. Organization of board. 

§ 3. License to practice— fees— examinations. 

§ 4. Board to make rules and regulations. 

^ 5. Dental surgery defined. 

16. Registration of licenses. 

§ 7. Revocation of licenses. 



§ 8. Failure to obtain licenses— forfeiture- 
restoration. 

§ 9. License fees fixed— application of fees. 

§ 10. Frauds and forgeries— penalty. 

§ 11. Practicing dentistry without license- 
penalty. 
§ 12. Licenses signed by whom. 
§ 13. Repeal. 
Approved May 18, 1905. 



An Act to regulate the practice of dental surgery arid dentistry in 
the State of Illinois, and to repeal an act therein named. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That a Board of Examiners, 
to consist of five practicing dentists, to be known as the Illinois State 
Board of Dental Examiners, is hereby created, whose duty it shall be 
to carry out the purposes and enforce the provisions of this act, as 
hereinafter specified. The members of said board shall be appointed 
by the Governor, and at the time of their appointment upon said 
board, must be actual residents of the State and must have been, for 
a period of five years or more, legally licensed to practice dentistry 
or dental surgery in this State: Provided, hoivever, that no person 
shall be eligible to appointment to said board who is in any way con- 
nected with or interested in any dental college or dental department 



320 MEDICINE AND SURGERY. 



of any institution of learning. The term for which the members of 
said board shall hold office shall be five years: Provided, that the 
members of the dental board, in office at the time of the passage of 
this act, shall be permitted to serve out their respective terms of of- 
fice for which they were cippointed, and until their successors shall 
be duly appointed. In case of a vacancy occurring on said board, 
such vacancy shall be filled by the Governor, as herein provided. 

§ 2. Said board shall choose one of its members president and 
one secretary thereof, and it shall meet at least once in each year, and 
oftener, if necessary, in the discretion of the board, and at such times 
and places as it may deem proper. A majority of the members of 
said board shall, at all times, constitute a quorum, for the transaction 
of the business of the board, and the proceedings thereof shall, at all 
reasonable times, be open to public inspection. 

§ 3. No person, unless previously registered or licensed to prac- 
tice dentistry in this State at the time this act shall become operative, 
shall begin the practice of dentistry or dental surgery, or any branches 
thereof, without first applying for and obtaining a license for such 
purpose from the Illinois State Board of Dental Examiners. Ap- 
plication shall be made to said board in writing, and shall, in 
every instance, be accompanied by the examination fee of twenty 
dollars ($20), together with satisfactory proof that the applicant 
is of good moral character and twenty-one years of age or over 
at the time of making the application. Application from a candidate 
who desires to secure a license from said board to practice dentistry or 
dental surgery in this State shall be accompanied by satisfactory proof 
that the applicant so applying for a license has been engaged in the act- 
ual, legal and lawful practice of dentistry or dental surgery in some other 
state or country for five consecutive years just prior to application; 
or is a graduate of and has a diploma from the faculty of a reputable 
dental college, school or dental department of a reputable university; 
or is a graduate of and has a diploma from the faculty of a reputable 
medical college or medical department of a reputable university, and 
possesses the necessary qualifications prescribed by the board. When 
such application and the accompanying proofs are found satisfactory, 
the board shall notify the applicant to appear before it for examina- 
tion at a time and place to be fixed by the board. Examination may 
be made in whole or in part, orally or in writing at the discretion of 
the board, and shall be of a character as to test the qualification of 
the applicant to practice dentistry or dental surgery. All examina- 
tions provided for in this act shall be conducted by the board, which, 
shall provide for a fair and wholly impartial method. 

§ 4. Said board of dental examiners shall make rules or regula- 
tions to establish a uniform and reasonable standard of educationall 
requirements to be observed by dental schools, colleges or dental de- 
partments of universities, and said board may determine the reputa- 
bility of those by reference to their compliance with said rules or 
regulations. 



MEDICINE AND SURGERY. 321 



§ 5. Any person shall be regarded as practicing dentistry or 
dental surgery within the meaning of this act, who shall treat, or pro- 
fess to treat any of the diseases or lesions of hnman teeth or jaws or 
extract teeth or shall prepare and fill cavities in human teeth or cor- 
rect the malposition of teeth or supply artificial teeth as substitutes 
for natural teeth: Provided, that nothing in this act shall be so 
construed as to prevent regularly licensed physicians or surgeons 
from extracting teeth. Further, this act shall not prevent students 
from performing dental ojjerations under the supervision of compe- 
tent instriictors within a dental school, college or dental department 
of a universit}^ recognized as reputable by the Illinois State Board of 
Dental Examiners. 

§ 6. Any person licensed to practice dentistry or dental surgery 
in this State by the Illinois State Board of Dental Examiners, as 
hereinbefore provided, shall personally and within ninety days from 
date of issue, cause such license to be registered with the county 
clerk of such county or counties in which such person desires to en- 
gage in the practice of dentistry or dental surgery, and the county 
clerks of the several counties of this State shall charge for register- 
ing such license, a fee of twenty-five (25) cents for each registration: 
And, it is hereby provided, finiher, that every person who engages in 
the practice of dentistry or dental surgery in this State, shall cause 
his or her license to be registered with the county clerk before begin- 
ning the practice of dentistry in said county, and to be at all times, 
displayed in a conspicuous place, in his or her office wherein he or 
she shall practice such profession, and shall further, whenever re- 
quested, exhibit such license to any of the members of the said 
board or its authorized agent. 

§ 7. The board may refuse to issue the license provided for in 
this act, or may revoke such license, if issued to individuals who have, 
by false or fraudulent representations, obtained or sought to obtain 
practice; or by false or fraudulent representations obtained or sought 
to obtain money or any other thing of value, or have practiced under 
names other than their own, or for any other dishonorable Conduct. 
The board, when written charges have been filed with its secretary, 
and seem sustained by proof, shall fix a time and place for the exami- 
nation of a person so charged and shall give written notice to the 
said person of the time and place and furnish him with a copy of the 
charges, at least twenty days prior to the date fixed for the examina- 
tion. 

§ 8. Any failure, neglect or refusal on the part of any person ob- 
taining a license to practice dentistry or dental surgery from the said 
board, to register such license with the county clerk of some coimty 
in this State, as above directed, within ninety days from the date of 
issue of the same, shall w^ork a forfeiture of such license, and no 
license when once forfeited, shall be restored, except upon payment 
to the said board of the sum of fifteen dollars ($15) for such neglect, 
failure or refusal to register such license and the surrender of for- 
feited license. 

—21 L 



3^2 MEDICINE AND SUEGERY. 



§ 9. In order to provide the means for carrying out and enforcing 
the provisions of this act, the said board shall charge each person 
applying to it for examination for a license to practice dentistry or 
dental surgery in this State, an examination fee of twenty dollars 
($20), and in addition thereto a license fee of five dollars ($5), for 
every license or duplicate license issued by said board, and out of the 
funds coming into the possession of the board under the provisions of 
this act, the members of the said board shall each receive as compen- 
sation the sum of ten dollars ($10 i for each day actually engaged in 
the duties of the office and all legitimate and necessary expense in- 
curred in attending the meetings of the said board: Provided, that 
the secretary of the board, for the purpose of enforcing the provisions 
of this act, shall receive a salary to be fixed by the board, instead of 
the per diem of ten dollars ($10). All expenses shall be paid from 
the fees, fines and jDenalties received and recovered by the board un- 
der the provisions of this act: Provided, that no part of said expense 
shall be paid out of the State treasury. All moneys received in excess 
of said per diem allowance and other expenses herein provided shall 
be held by the secretary of the said board as a special fund for meet- 
ing expenses of said board, and said board shall make an annual 
rei^ort of its proceedings to the Governor by the 15th day of December 
of each year, together with an account of all moneys received and dis- 
bursed by them pursuant to this act. 

§ 10. Any person filing or attempting to file as his own the 
dijDloma or license of another, or a forged affidavit of identification or 
qualification, shall be deemed guilty of a felony, and upon conviction 
thereof, shall be subject to such fine and imprisonment as is made 
and provided by the statutes of this State for the crime of forgery. 

§ 11. Any person who shall practice dentistry in this State with- 
out being registered or without a license for that purpose, or violates 
any of the provisions of this act, shall be subject to prosecution be- 
fore any court of competent jurisdiction upon complaint, information 
or indictment, and shall upon conviction, be fined for each offense in 
any sum not less than fifty dollars ($50) nor more than two hundred 
dollars ($200). All fines imposed and collected under this act shall 
be paid to the Illinois State Board of Dental Examiners for its use. 

§ 12. All licenses issued by the said board shall be signed by all 
of the members thereof, and be attested by its president and secre- 
tary. 

§ 18. An act to insure the better education of practitioners of 
dental surgery, and to regulate the practice of dentistry in the State of 
Illinois, approved May 80, 1881, and in force July 1, 1881, and all 
other acts and parts of acts amendatory thereto, are hereby repealed: 
Provided, however, that such repeal shall in no wise affect any suit, 
prosecution or court proceeding pending at the date of the passage of 
this act. 

Approved May 18, 1905. 



MILITIA. 323 

MILITIA. 



NAVAL RESERVE — ARMORY, CHICAGO. 

Preamble. i §2. Contracts for labor, material, building, 

etc., authorized. 



i 1. Authorizes reconstruction of boat house, 
Chicago. 



§ 3. Control of building regulated. 
Approved May 12, 1905. 



An Act to authorize the construction of a building for an armoicy and 
boat-house at Chicago for the Illinois Naval Reserve. 

Whereas, The State of Illinois has been paying an annual rental 
of §3, 500.00 per year for more than ten years for a portion of the 
building at number twenty Michigan avenue, Chicago, for use as an 
armory for the Illinois Naval Reserve, which premises have become 
inadequate for the purpose, and are liable to be torn down, and in ad- 
dition $780.00 for annex quarters for two divisions which cannot be 
accommodated in the present armory; and 

Whereas, The boat house of the Illinois Naval Reserve erected on 
piles in the water of the harbor basin in Chicago, Illinois, east of and 
adjoining the sea wall of the city front near the foot of Randolph 
street, and occupied by the Illinois Naval Reserve for many years 
past, under authority conferred by the United States Government, 
the State of Illinois, and the permission of the City of Chicago, has 
become so impaired by storms and lapse of time, as to be danger- 
ously insecure; and. 

Whereas, It has become necessary to repair said structure and for 
the proper efficiency of the public service to enlarge the same; there- 
fore. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the Governor of Illi- 
nois, the Adjutant General of the State of Illinois, and the Comman- 
der of the Illinois Naval Reserve, are hereby authorized and empow- 
ered when the money necessary for the pur]30se shall have been raised 
by private subscription to plan, construct, occupy and control an en- 
largement and reconstruction of the present boat house of the Illinois 
Naval Reserve on piles to be driven in the water to the east and south 
of the present structure within an area not to exceed two hundred 
(200) feet, by three hundred (300) feet, as shown by the plat filed in 
the office of the Adjutant General of the State of Illinois. 

§ 2. Said three officers shall make and authorize to be made the 
necessary contracts for the labor, material, building, fitting, equipping 
and furnishing of said structure necessary to properly accomplish the 
purposes of this act. 

§ 3. After the completion of said enlarged structure, the said 
three officers shall permanently retain control thereof and use the 
same as a boat house and armory for the Illinois Naval Reserve and 
other military purposes. 

Approved May 12, 1905. 



b24 MINES AND MINING. 



MINES AND MINING. 



EXAMINATION OF MINES. 

§ 1. Amends section 18, "^ [a) act of 1899. ' Approved Maj' 13, 1905. 

§ 18(a). Examiners duties— air meas- 
urements required— record 
of date of visit. 

An Act to amend section eighteen (18), paragraph a, of an act entitled, 
"An act to revise the laws in relation to coal mines, and subjects relat- 
ing thereto, and providing for the health arid safety of persons em- 

. ployed therein/' approved April IS, 1899, in force July 1, 1899. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the Genercd Assembly: That section 18, paragraph 
(a) of an act to revise the laws in relation to coal mines and subjects 
relating thereto, and providing for the health and safety of persons 
employed therein, approved April 18, 1899, in force July 1, 1899, be 
and the same is hereby amended so as to read as follows: 

§ 18. To enter and examine all places.] (a) A mine examiner 
shall be required at all mines. His duty shall be to visit the mine 
before the men are permitted to enter it, and, first, he shall see that 
the air-current is traveling in its proper course and in proper 
quantity. In order to correctly determine the quantity of air in cir- 
culation in different portions of the mine it is hereby made his dtity 
to measure with an instrument for that purpose, the amount of air 
passing in the last cross-cut or break through of each pair of entries, 
or in the last room of each division in" a long wall mine, and at all 
other points where he deems it necessary, the same to be noted in the 
daily book kept for that purpose. He shall then insjject all places 
where men are expected to pass or to work and observe whether there 
are any recent falls or obstructions in rooms or roadways, or accumu- 
lations of gas or other unsafe conditions. He shall especially ex- 
amine the edges and accessible parts of recent falls and old gobs and 
air-courses. As evidence of his examination of all working places, he 
shall inscribe on the walls of each, with chalk, the month and the day 
of the month of his visit. 

Approved May 13, 1905. 



MINES AND MINING. . 825' 



INSPECTION DISTEICTS — BOUNDARIES. 



1 1. Amends section 11, act of 1899. 

§ 11. Creation of districts— changes of 
boundaries. 



Approved May i:i, 1905. 



An Act to amend section eleven (11) of an act entitled, "An act to re- 
vise the laws in r-elation to coal mines, and subjects relating thereto, 
and providing for the health and safety of persons employed therein" 
approved April 18, 1899, in force July 1, 1899. 

Section 1. Beit enacted hjj the People of the State of Illinois, 
represented in the General Assemhlij : That section eleven (11) of 
an act entitled "An act to revise the laws in relation to coal mines 
and. subjects relating thereto, and providing for the health and safety 
•of persons employed therein," ai^^jroved April 18, 1899, in force July 
1, 1899, be amended to read as follows: 

§ 11. Boundaries. ] The State shall be divided into ten inspec- 
tion districts, said divisions to be made by the Commissioners of 
Labor. They may also change from time to time the boundaries of 
said districts in order to more equally distribute the labors and ex- 
penses of the several mine inspectors, but this provision shall not be 
■construed as authorizing the Commissioners of Labor to increase the 
number of districts. 

Approved May 13, 1905. 



inspectors and inspection districts. 



1. Amends section 7, act of 1899. 

§7. Appointment of inspectors— term 
— qualifications. 



Approved May 12, 1805. 



An Act to amend section seven (7) of an act entitled, "An act to revise 
the laws in relation to coal mines, and subjects relating thereto, and 
providing for the health and safety of persons employed therein," ap- 
proved April 18, 1899, in force July 1, 1899. 

Section 1. Be d enacted hij the People of the State of Illinois, 
represoded in the General Assembly : That section seven (7) of an 
act entitled. "An act to revise the laws in relation to coal mines and 
subjects relating thereto and providing for the health and safety of 
persons employed therein," approved April 18, 1899, in force July 1, 
1899, be amended to read as follows: 

§ 7. Inspectors appointed.] From those so named, the Gov- 
ernor shall select and ax^point ten State inspectors of mines: that is 
to say, one inspector for each of the ten inspection districts provided 
for in this act; or more, if, in the future, additional inspection dis- 
tricts shall be created, and their commissions shall be for a term of 
two years from October first: Provided, that any one who has satis- 



326 



MINES AND MINING. 



factorily passed two of the State examinations for inspectors, and 
who has served acceptably as State inspector for two full terms, upon 
making written application to the board setting forth the facts, shall 
also be certified to the Governor as a person jjroperly qualified for 
appointment ; but no man shall be eligible for apioointment as a State 
inspector of mines who has any pecuniary interest in any coal mine, 
either as owner or emj)loye. 

Approved May 12, 1905. • 



MINORS AND WOMEN IN MINES. 



Approved May 13, 1905. 



§ 1. Amends section 22, act of 1899. 

§22. Boys under 16 and all girls and 
women prohibited from work- 
ing in mines. 

An Act to amend section hve7ity-fivo (22) of an act entitled, "■An act 
to revise the laws in relation to coal nmies ond subjects relating 
thereto, and providing for tlie health and safety of perso7is em- 
ployed therein,'''' approved April 18, 1899, in force July 1, 1899. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section twenty-two (22) 
of an act entitled "An act to revise the laws in relation to coal mines 
and subjects relating thereto, and providing for the health and safety 
of persons employed therein," approved April 18, 1899. in force July 
1, 1899, be amended to read as follows: 

§ 22. Boys and women.] No boy under the age of sixteen years, 
and no woman or girl of any age, shall be permitted to do any manual 
labor in or about any mine, and before any boy can be permitted to 
work in any mine he must produce to the mine manager or operator 
thereof an affidavit from his parent or guardian, or next of kin, sworn 
and subscribed to before a justice of the peace or notary public, that 
he, the said boy, is sixteen years of age. 

Approved May 13, 1905. 



OIL or CxAS wells. 



§ 1. Abandoned wells— treatment prescribed. 
§ 2. Affidavit filed with recorder. 
§ 3. Provides for casing. 



§ 4. Violations of act— penalty. 
§ 5. Emergency. 
Approved May 16, 1905. 



An Act in relation to sinking, filling and operating of oil or gas loells. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That before the casing shall 
be draw^n from any well for the purpose of abandonment thereof, 
which has been drilled into any gas or oil-bearing rock, it shall be 
the duty of any person, firm or corporation having the custody or con- 
trol of such well at the time of such abandonment, and also the owner 
or owners of the hind wherein such well is situated, to properly and 



MINES A^D MINING. 327 



securely stop and plug the same in the following manner: Such hole 
first be solidly tilled from the bottom thereof to a point at least 
twenty feet above such gas or oil-bearing rock, with sand, gravel or 
pulverized rock, immediately on the top of which filling shall be seated 
a dry wood plug not less than two feet in length, having a diameter o£ 
not less than one-fourth of an inch less than the inside diameter of 
the casing in such well. Above such wooden plug such well shall be 
solidly filled for at least twenty-five feet with the above mentioned 
filling material, immediately above which shall be seated another 
wood plug of the same kind and size as above provided, and such well 
shall again be solidly filled for at least twenty-five feet above such plug 
with such filling material. After the casing has been drawn from 
such well there shall immediately be seated at the point where such 
casing was seated a cast-iron ball or tapered wood plug at least two 
feet in length, the diameter of which ball or the top of which wood 
plug shall be greater than that of the hole below the point where 
such casing was seated, and above such ball or plug such well shall 
be solidly tilled to top of well with aforesaid material. 

§ 2. The person, firm or corporation owning or having control or 
custody of any such well, or the land in which any such well is situ- 
ated, shall file or cause to be filed in the office of the recorder of the 
county in which any such well is located, within fifteen days after the 
same has been plugged, as provided in section 1, the affidavit of at 
least two persons who were present during the plugging of such well, 
which affidavit shall be recorded in the record books in the office of 
the recorder of such county, and shall set out in detail the manner in 
which such well was plugged and the depth of each such wood jjlugs 
and iron ball below the surface of the ground, and the record of such 
affidavit shall be prima facie evidence in any court of a compliance 
with the provisions of this act. 

§ 3. It shall be the duty of any person, firm or corjDoration sink- 
ing a well in any oil or gas-bearing rock, or having sunk such well 
and maintaining the same, to case off and keep cased off all fresh 
water from such well. 

§ 4. Any person, firm or corporation that shall in any manner fail 
or refiise to plug a well in the time and manner provided in section 1 
of this act, or shall fail or neglect to secure and file in the proper re- 
corder's office the affidavit provided for and required in section 2 of 
this act, or shall fail and neglect to properly case off fresh orsalt water 
from such well and keep the same cased otf while said well is main- 
tained, as provided in section 3 of this act, shall be liable to a penalty 
of one hundred dollars ($100) for each and every violation thereof, and 
the further sum of one hundred dollars (3100) for each ten days dur- 
ing which such violation shall continue, and all such penalties shall 
be recoverable in a civil action brought in any court of competent 
jurisdiction in any county in which said violation occurred, brought 
in the name of the State of Illinois on the relation of such county, 
and for the use and benefit of such county, and in all such cases . if 
there be recovery by the State, it shall recover in addition to such 
penalties a reasonable attorney's fee. 



828 MINES AND MINING. 



§ 5. Whereas, An emergency exists for the immediate taking 
effect of this act; therefore, the same shall be in force and effect from 
and after its passage. 

Approved May 16, 1905. 



SHOT FIRERS IN MINES. 



§ 1. In what mines shot firers are required— §4. Violations of act— penalty. 

qnalifications. Approved May 18, 1905. 

§2. Duties of shot firers. 

§ 3. Duties of superintendent or manager. 

An Act providing that operators of mines shall furnish shot firers in 
mines where shooting and Masting is dotie. 

Section 1. Be it enacted by the Peojjle of the State of Illinois, 
7'e I ) resented in the General Assembly: In all mines in this State 
where coal is blasted, and where more than two pounds of powder is 
used for any one blast ; and, also, in all mines in this State where gas 
is generated in dangerous quantities, a sufficient number of practical, 
experienced men, to be designated as shot tirers, shall be employed 
by the company, and at its expense, wdiose duty it shall be to inspect 
and do all the tiring of all blasts, prepared in a practical, workmanlike 
manner in said mine or mines. 

§ 2. That shot firers shall, immediately after the completion of 
their work, post a notice in a conspicuous place at the mine, in which 
shall be indicated the number of shots tired; also the number of shots 
they did not fire, if any, specifying the number of the room and des- 
ignation of the entry, and giving reasons for not firing same. In 
addition they shall also keejD a daily permanent record in which shall 
be entered the number of shots or blasts fired, the number of shots or 
blasts failing to explode, and the number of shots or blasts that in their 
judgment were not jjroperly prepared and which they refused to fire, 
giving reasons for same; the record to be in the custody of the 
mine manager and to be available for inspection at all times by parties 
interested. 

§ 3. The superintendent or mine manager shall not permit the 
shot tirers to do any blasting, exploding of blasts, or to do any tiring 
whatever, until each and every miner and employe is out of the mine 
except the shot firers. 

§ 4. Any wilful neglect, refusal or failure to do the things re- 
quired to be done by any section, clause or provision of this act on 
the part of the person or persons herein required to do them, or any 
violation of any of the i^rovisions or requirements hereof, or any at- 
temjot to obstruct or interfere with any person in the discharge of the 
duties herein imposed upon them, or any refusal to comply with the 
provisions of this act, shall be deemed a misdemeanor, punishable by 
a fine not less than one hundred dollars, and not to exceed two hun- 
dred dollars, or by imprisonment in the county jail for a period not 



MINES AND MINING. 329 



ex(^.eediHg three months, or both, at the discretion of the court: Pro- 
vided, that whoever shall discover that any section of this act, or part 
thereof, is being neglected or violated shall report same to the super- 
intendent of the mines and ask immediate compliance therewith ; and 
in the case of continued failure to comply shall, through the State's 
attorney, or any other attorney in case of his failure to act promptly, 
take the necessary legal steps to enforce compliance therewith 
through the penalties herein prescribed. 
Approved May 18, 1905. 



SIGNALING IN MINES. 



I 1. Amends section 23, act of 1899. Approved May 1.3, 190.5. 

§ 23. Means of signaling and code of 
signals prescribed — additions 
to code. 

An Act to amend section 23 of an act entitled, "'An act to revise the 
laiDS in ielcdion to coal mines, and sid)Jects relating thereto, arid 
providing for the health cmd safety of persons employed therein,'''' 
approved April 18, 1899, in force July 1, 1899 [be amended so as 
to read as follows :] 

Section 1. Be it enacted by the People of the Stcde of Illinois, 
represented in the General Assembly : That section 23 of an act 
entitled "An act to revise the laws in relation to coal mines, and sub- 
jects relating thereto and providing for the health and safety of per- 
sons employed therein," approved April 18, 1899, in force July 1, 
1899, be amended so as to read as follows: 

§ 23. At every mine operated by shaft and steam power, the 
means of signaling to and from the bottom man, the top man, and the 
engineer, shall consist of a tube, or tubes, or wire encased in wood or 
iron pipes, through which signals shall be communicated by electri- 
city, compressed air or other pneumatic devices or ringing of a bell. 
The following signals are provided for use at mines where signals are 
required: 

From the bottom to the top.] — One ring or whistle shall signify 
to hoist coal or the empty cage, and also to stop either when in 
motion. 

Two rings or wdiistles shall signify to lower cage. 

Three rings or whistles shall signify that the men are coming up; 
when return signal is received from the engineer, men will get on the 
cage and the eager shall ring or whistle one to start. 

Four rings or whistles shall signify to hoist slowly, implying 
danger. 

Five rings or whistles shall signify accident in the mine and a call 
for a stretcher. 

Six rings or whistles shall call for a reversal of the fan. 

From top to bottom.] — (3ne ring or whistle shall signify: All 
ready, get on cage. Two rings or whistles shall signify: Send away 
empty cage. 



330 



MINES AND MINING. 



Provided, that the operator of any mine may, with the consent of 
the inspector, add to this code of signals in his discretion, for the 
purpose of increasing its efficiency or of promoting the safety of the 
men in said mine, but whatever code may be established and in use 
at any mine, must be conspicuously posted at the top aid at the bot- 
tom, and in the engine room, for the information and instruction of 
all persons concerned. 

Appkoved May 13, 1905. 



STATE MINING BOARD — OEGANIZATION AND SALARY. 



§ 1. Amends section 10, of mining act. Approved May 16, 1905. 

§10. State Mining Board— compensa- 
tion — engineer — secretary — 
—how salary and expenses are 
drawn. 

An Act to amend section ten (10) of an act ent^!''-d, "An act to revise 
the law in relation to coal mines and svbjects relating thereto, and 
providing for the health and safety of persons employed therein/' 

Section 1. Be it enacted hy the Peoj)le of the State of Illinois, 
represented in the General Assembly: That section ten (10) of an 
act entitled, "An act to revise the laws in relation to coal mines and 
subjects relating thereto, and providing for the health and safety of 
persons employed therein," be amended so as to read as follows: 

§ 10. The members of the State Mining Board, except the mining 
engineer, shall receive as comjDensation for their services the sum of 
$5 each per day, for a term not exceeding one hundred days in any 
one year; the member performing the duties of mining engineer, on 
account of additional work, shall receive $5 per day for a term not 
exceeding one hundred and twenty-five days in any one year, and 
whatever sums are necessary to reimburse them for such traveling 
expenses as may be incurred in the discharge of their duties. 

The salary of the secretary shall be $1,500 per annum, and he shall 
be reimbursed for any amounts expended for actual and necessary 
traveling expenses in the discharge of his duties. All such salaries 
and exj)enses of the board and of its secretary shall be paid upon 
vouchers duly sworn to by each and approved by the president of the 
board, and by the Governor, and the Auditor of Public Accounts is 
hereby authorized to draw his warrants on the State Treasurer for the 
amounts thus shown to be due, payable out of any money in the 
treasury not otherwise appropriated. 

Approved May 16, 1905. 



MOETGAGES. 



381 



MORTGAGES. 



ACKNOWLEDGMENT OF MOETGAGES. 



§ 1. Amends sectioDS 2 and 3, act of 18U. 

§ 2. Who may take acknowledgments 
—form prescribed. 



§ 3. Docket of acknowledgments to be 
kept— form of entry. 

Approved May 13, 1905. 



An Act to amend an act entitled, "An act to revise the law in relation 
to mortgages of real and personal property," approved March 26, 187 Jf, 
as amended hy subsequent acts. 

Section 1. Be it enacted hy the People of the State of Illinois 
represenied in the General Assembly: That sections 2 and 3 of the 
act entitled, "An act to revise the law in relation to mortgages of 
real and personal property," approved March 26, 1874, as amended 
by subsequent acts, be and the same is hereby amended so as to read 
as follows: 

§ 2. Such instruments shall be acknowledged before a justice of 
the peace or the county judge of the county where the mort- 
gagor resides or before the clerk or any deputy clerk of any 
municipal court in such county, or if the mortgagor is not a 
resident of the State at the time of making the acknowledg- 
ment then before any officer authorized by law to take ac- 
knowledgment of deeds: Provided, hoicerer, [that in counties 
having a population of more than 200,000 such instrument, if the 
mortgagor is a resident of the State at the time of making the ac- 
knowledgment, shall be acknowledged before a justice of the peace of 
the town or precinct where the mortgagor resides, or if there be no 
justice of the peace in such town or precinct such instrument shall 
be acknowledged before the clerk or any deputy clerk of the munici- 
pal court in the district in which the mortgagor resides, or if there be 
no such clerk or deputy clerk before the county judge of the county 
in which the mortgagor resides. The certificate of acknowledgment 
may be in the following form: 

This (name of instrument) was acknowledged before me by (name 
of grantor) (when the acknowledgment is made of a resident insert 
the words "and entered by me") this day of 19. . . 

Witness my hand and seal. 

(Name of ofiicer). 
(Seal) 

§ 3. If the acknowledgment is by a resident of this State the justice 
of the peace, clerk or deputy clerk of the municipal court, or county 
judge, shall enter in his docket or in some book kept for that purpose 
a memorandum thereof, substantially as follows: 

A. B. (name of mortgagor) to C. D. (name of mortgagee); mort- 
gage of (here insert description of the property as in the mortgage ) 

Acknowledged this day of 19 . . . 

Approved May 13, 1905. 



382 NEGOTIABLE INSTRUMENTS. 



NEGOTIABLE INSTRUMENTtS. 



LEGAL HOLIDAYS ENUMEEATED. 

§ 1. Amends section 17, act of 1895. Filed May 13, 1905. 

§ 17. Holidays enumerated. 

An Act to amend section 17 of an act entitled, "An act to revise the law 
in relation to promissory notes, bonds, due hills, and other instruments 
in vjriting," approved March 18, 187J/-, in force July 1, 1874-, as 
amended hy act approved June If, 1895, in force July 1, 1895. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section 17 of an act 
entitled "An act to revise tlie law in relation to i^romissory notes, 
bonds, due bills and other instruments in writing," approved March 18, 
1874, in force July 1, 1874, as amended by act ajjproved June 4, 1895, 
in force July 1, 1895, be amended so as to read as follows: 

§ 17. The following days, to- wit: The tirst day of January, com- 
monly called New Year's day, the twenty-second day of February, the 
thirtieth day of May, the fourth day of July, the twenty-tifth day of 
December, commonly called Christmas day, the first Monday in Sep- 
tember, to be known as Labor day, the twelfth day of February, any 
day appointed or recommended by the Governor of this State, or by 
the President of the United States, as a day of fast or thanksgiving, 
and in cities of 200,000 inhabitants or more, from 12 o'clock noon to 
12 o'clock midnight of the last day of the week, commonly called 
Saturday, are hereby declared to be legal holidays and half holidays, 
the term half holiday including the period from noon to midnight of 
each Saturday which is not a holiday, and shall for all purposes what- 
soever as regards the presenting for payment or acceptance, the 
maturity and protesting and giving notice of the dishonor of bills of 
exchange, bank checks and promissory notes and other negotiable or 
commercial paper or instruments, be treated and is considered as is 
the first day of the week commonly called Sunday. When any such 
holidays fall upon Sunday the Monday next following shall be held 
and considered such holiday. All notes, bills, drafts, checks or other 
evidence of indebtedness, falling due or maturing on either of said 
days, shall be deemed as due or maturing on the day following, and 
when two (2) or more of these days come together or immediately 
succeeding each other, then such instruments, paper or indebtedness 
shall be deemed as due or having matured on the day following the 
last of such days. 

Filed May 13, 1905. 

This bill havinR remained with the Governor for a period of ten days (Sundays excepted) 
after it had been presented to him. and he not having returned it with his objections to the 
General Assembly, nor tiled with it, in the office of the Secretary of State, his objections 
thereto, it becomes a law in like manner as if he had signed it. 
Witness my hand this 13th day of May, A. D. l'JG5. 

James A. Rose, 

Secretary of State. 



PARKS AND BOULEVARDS. 388 



PARKS AND BOULEVARDS. 



ADDITIONAL BOND ISSUE FROM TIME TO TIME. 

§ 1. Park boards may issue bonds and levy I §2. Emergency. 

tax for payment thereof. . j th^ i, o ir^n- 

^ I Approved March 3, 190o. 

An Act to enable park commissioners to issue honcls for the purpose of 
acquiring and improving public parks, and to provide for the payment 
of such bonds. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the Ge7ieral Assembly: That every board of public 
park commissioners now having control of or having selected any 
land or lands for the purpose of creating a public park or parks 
thereon and which said board is unable to pay for or improve out of 
its general revenue, may from time to time, in its discretion, issue 
and sell, in addition to the bonds now authorized by law to be issued 
and sold by said board, interest bearing bonds for the purpose of 
obtaining such funds as it may deem necessary for acquiring, improv- 
ing and completing said parks: Provided, no bond shall be issued 
under this act contrary to the provisions of section twelve, article 
nine, of the constitution of this State: And, provided, furtlier , that 
the proposition to issue such bonds shall be submitted to a vote of 
the legal voters of such park district and receive a majority of the 
votes cast upon such proposition. And authority is hereby expressly 
granted to the park commissioners issuing such bonds to levy and 
collect a direct annual tax upon the property within their jurisdic- 
tion, in addition to the amount of any tax now authorized by law to 
be levied and collected by them, sufficient to pay the interest on said 
bonds as it falls due and also to pay and discharge the principal 
thereof within twenty (20) years from the date of issuing said bonds, 
and the county clerk of the county in which such park district is 
located or such other officer or officers as are by law authorized to 
spread or assess taxes for park purposes and other purposes shall, on 
receiving a certificate from such park commissioners that the amount 
mentioned in such certificate is necessary to pay the interest on said 
bonds and also to pay and discharge the principal thereof within 
twenty (20) years from the date of issuing said bonds, spread and 
assess such amount upon the taxable property embraced in said park 
district the same as other park taxes are by law spread and assessed, 
and the same shall be collected and paid over the same as other park 
taxes are now required by law to be collected and paid. 

§ 2. Wheeeas, There is a necessity for the immediate acquisition 
of the parks and construction of the improvements contemplated in 
this act, therefore an emergency exists, and this act shall take effect 
and be in force from and after its passage. 

Approved March 8. 1905. 



384 PAEKS AND BOULEVAEDS. 



ADDITIONAL BOND ISSUE. — $2,000,000. 

§ 1. Additional bonds not exceeding $2,000, - i §2. Form of bonds^interest— payment— sale 

000 may be issued. i . j t^t ■.- ,,,«- 

I Approved May 11, 190o. 

An Act to enable parJc commissioners to issue bonds for the completion, 
improvement and maintenance of public parks and boulevards under 
their control, and to provide a tax for the payment of the same. 

Section 1. Be it enacted by the Peoj^le of the Staie of Illinois 
represented in the General Assembly : That every board of public 
park commissioners in this State, a^ "; oi]:ttd or otherwise selected as 
such commissioners, under and in pursuance of any act or acts of 
the General Assembly of this State, which has or have been or may 
be submitted to the legal voters of the municipality in which such 
board of park commissioners shall exist, and by them adopted, for 
the purpose of locating, establishing, enclosing, improving or main- 
taining any public jaark, boulevard, driveway, highway, or other pub- 
lic work or improvement, having a bonded indebtedness at the time 
of the passage of this act, and which shall be unable, after paying the 
annual interest and principal of its maturing bonds, to properly com- 
plete, improve and maintain the parks and boulevards under its con- 
trol out of the funds now authorized to be raised by taxation on the 
property embraced within its park district, shall be, and is hereby 
authorized and empowered to issue and sell, in addition to bonds now 
authorized by law to be issued and sold by such board of park com- 
missionerb, interest bearing coupon bonds to an amount not exceed- 
ing in the aggregate two million dollars ($2,000,000) for the purpose 
of raising funds for the completion, improvement and maintenance of 
the parks and boulevards now under the management and control of 
such board of park commissioners, or which may hereafter be ac- 
quired by it: Provided, however, that no such bonds shall be issued 
under this act in contravention of the provisions of section 12, of ar- 
ticle IX of the Constitution of this State: And, provided, further, 
that the proposition to issue such bonds shall be submitted to a vote 
of the legal voters of such park district at any general or special elec- 
tion, and receive a majority of the votes cast upon such proposition. 
And power and authority are hereby expressly conferred upon, and 
vested in, such board of public park commissioners issuing such 
bonds, to levy and collect a direct annual tax upon all of the taxable 
pro^jerty within the i^ark district under its jurisdiction, in addition to 
the amount of any tax now authorized by law to be levied and col- 
lected by it. sufficient to pay the interest on such bonds as it falls 
due and also to pay and discharge the princijoal thereof within twenty 
years from the date of issuing such bonds. Such taxes shall be ex- 
tended and collected, and paid over to such board of park commission- 
ers by the same officer, or officers, at the same time, and in the same 
manner, as other park taxes are required by law to be extended, col- 
lected and paid over. 



PAEKS AND BOULEVARDS 835 



§ 2. Said bonds may be issued in such form as such board of 
park commissioners may determine, and in the name of such board 
of park commissioners, and shall be signed by the j)resident, attested 
by the secretary, under the corporate seal, and countersigned by the 
treasurer of such board of park commissioners. They may be of the 
denomination of twenty-tive dollars ($25), and any multiple thereof, 
and shall bear interest at a rate not exceeding five percentum per an- 
num, jjayable semi-annually, and evidenced by interest coupons at- 
tached thereto. The principal of said bonds shall be payable at such 
place and at such time, not exceeding twenty (20) years, from the 
date of the issue of such bonds as such board of park commissioners 
may determine. 

Bonds issued under this act may